NSBA Legal Clips
Archived entries for Sua Sponte

Sua Sponte: NSBA’s amicus brief urges U.S. Supreme Court to review Tenth Circuit ruling that parents who unilaterally placed disabled student in a private residential treatment facility were entitled to tuition reimbursement

The National School Boards Association, along with the Colorado Association of School Boards, has filed an amicus brief asking the U. S. Supreme Court to review a decision by a U.S. Court of Appeals for the Tenth Circuit in JCSDR1 v. Elizabeth E. holding that the parents of a special education student, who unilaterally placed the student in a private treatment facility, were entitled to reimbursement for tuition expenses under the Individuals with Disabilities Education Act.

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Sua Sponte: U.S. Departments of Health and Human Services and Education issue letter to chief state school officers and child welfare directors re: The Uninterrupted Scholars Act amendments to FERPA

The U.S Department of Health and Human Services and Department of Education have issued a letter to Chief State School Officers and Child Welfare Directors regarding The Uninterrupted Scholars Act (USA) (Public Law 112-278), enacted on January 14, 2013, amending the Family Educational Rights and Privacy Act (FERPA).

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Sua Sponte: NSBA urges Supreme Court to protect employer autonomy for non-retaliatory personnel decisions

On March 11, 2013, NSBA filed an amicus curiae brief in an employment case asking the U.S. Supreme Court not to hamper school districts’ abilities to discipline or fire employees.

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Sua Sponte: NSBA urges Louisiana Supreme Court to find state’s voucher program harms public education

On March 18, 2013, NSBA filed an amicus curaie brief in Louisiana Federation of Teachers v. State of Louisiana, now before the Louisiana Supreme Court, which will review a lower court’s decision as to whether the state’s private school voucher program violates state constitutional provisions governing the annual education funding formula.

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Sua Sponte: NSBA urges Second Circuit not to grant tuition reimbursement for unilateral private placement

On March 15, 2013, NSBA and the New York State School Boards Association filed an amici curiae brief in C.L. v. Scarsdale Union Free School District, now before the U.S. Court of Appeals for the Second Circuit, asking the appellate court to uphold a lower court decision that parents who unilaterally placed their child in private school are not entitled to tuition reimbursement under the IDEA because the placement was not appropriate.

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NSBA General Counsel discusses school safety policies for Education Week

Francisco M. Negrón Jr., the National School Boards Association’s General Counsel praised the response of school officials in the Newtown, Conn., school shootings last month and gives advice for other school districts in a commentary for Education Week.

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Sua Sponte: NSBA urges Eleventh Circuit to preserve the high deliberate indifference standard in disability-based harassment cases

On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.

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Sua Sponte: NSBA urges U.S. Supreme Court to preserve public education diversity options

On August 13, 2012, NSBA, along with the College Board and eleven other education organizations, filed an amici curiae brief in Fisher v. University of Texas, now before the U.S. Supreme Court, to assist the Court in its review of the decision by the U.S. Court of Appeals for the Fifth Circuit that upheld the constitutionality of the college’s admissions process permitting the consideration of race/ethnicity as part of a holistic evaluation of a candidate’s application.

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Sua Sponte: Federal appellate court poised to rule on Alabama immigration law

After the June 25, 2012 decision by the U.S. Supreme Court striking down three provisions of Arizona’s controversial immigration law on the basis of federal preemption, the U.S. Court of Appeals for the Eleventh Circuit is now in a position to rule on a similar Alabama law which contains provisions that would significantly impact school districts in that state.

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Public interest group’s suit challenges ED’s statutory authority to amend FERPA regulations

The Electronic Privacy Information Center (EPIC) has filed suit in the U.S. District Court for the District of Columbia against the U.S. Department of Education (ED). EPIC’s legal complaint challenges ED’s 2011 final regulations amending the Family Educational Rights and Privacy Act (FERPA) on the ground the agency exceeded its statutory authority by amending FERPA definitions without Congressional approval.

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