NSBA Legal Clips
Archived entries for Governance

Nevada pension laws allow public employees to “double dip”

According to the Reno Gazette-Journal, even though Nevada is struggling to find funding for retired state workers’ healthcare, some public employees continue to collect salaries and retirement checks at the same time — legally. Almost 700 state workers have taken advantage of the double-dipping law, which allows some workers who are retired and collect a pension to come back to work at state jobs where a “critical labor shortage” exists and earn paychecks. These are positions that state employers have found difficult to fill for a variety of reasons, including that they are in rural locations, don’t pay well or require special skills.

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California school district seeks to avoid legal pitfalls of “pay to play” by asking for parent donations

In response to a suit filed in 2010 by the American Civil Liberties Union (ACLU) challenging the legality of student fees being charged by public schools throughout California, the San Clemente Times reports that Capistrano Unified School District (CUSD) is proposing policies that will ask the parents of student-athletes to make a $40 donation and a $35 donation for bus fees. The ACLU suit alleged that school districts were charging illegal fees for academics and extracurricular activities statewide.

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Bill introduced in North Carolina legislature would require local school officials to track “illegal immigrants” attending their schools

Associated Press (AP) reports on WCNC Charlotte that a bill proposed in the North Carolina legislature would require principals to keep track of illegal immigrants in their schools. According to the bill’s sponsor, Rep. Dale Folwell, it wouldn’t bar anyone from attending school in North Carolina, but would be important for determining the costs of illegal immigration to the state. Opponents of the bill charge that it will intimidate parents and likely run afoul of federal law.

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U.S. Supreme Court holds public officials found immune may appeal appellate court’s decision that their conduct was unconstitutional; but issue is moot in this case

In a 7-2 split, the U.S. Supreme Court has ruled that government officials who prevail on grounds of qualified immunity may obtain the Supreme Court’s review of a court of appeals’ decision that their conduct violated the Constitution. However, it did not reach the question of whether U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) correctly determined that an interview of a minor at school by a government official without benefit of a warrant breached the Fourth Amendment, finding that in this case the question was moot.

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Federal appellate court upholds Missouri school district’s policy restricting in-school distribution of outside group’s flyers

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit (ND, SD, MN, NE, IA, MO, AR) has ruled that a school district’s policy, known as the “Backpack Flyers for Students” program, restricting in-school distribution of outside organizations’ flyers to a once a year opportunity, does not violate an outside religious group’s free speech rights.

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Federal court issues temporary order limiting pat down searches by New Mexico school district at 2011 prom and graduation

A federal district court in New Mexico has issued a temporary restraining order (TRO) limiting searches by school district officials at an upcoming high school prom and graduation. The court rejected that part of the plaintiff’s’ motion seeking to prohibit any searches, but barred the school district from conducting searches and confiscations as it had in the past. The court’s refusal to order a total prohibition on searches at the upcoming school events was based on its finding that while it was likely the plaintiff would succeed on her claim that the suspicionless pat down searches violate the Fourth Amendment, it was not likely she would succeed on the merits of her claim that searches of possessions violate the Fourth Amendment.

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Two civil rights groups target Minnesota school district over its sexual orientation policy

The Pioneer Press reports that the Southern Poverty Law Center (SPLC) and National Center for Lesbian Rights (NCLR) have sent a letter to Anoka-Hennepin School District (AHSD) asking it to repeal its “Sexual Orientation Curriculum Policy” or face legal action. SPLC and NCLR contend the policy, which instructs school staff, “in the course of their professional duties…to remain neutral on matters regarding sexual orientation,” perpetuates a hostile environment for gay, lesbian, bisexual and transgender students.

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Two suits accuse Indiana school district of race-based employment discrimination

Two former Anderson Community School Corporation (ACSC) employees filed separate suits in November 2010 charging the school district with racial discrimination, says the Herald Bulletin. Both suits claim that similarly situated white staff members were given preferential treatment.

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Opponents of Idaho school reform measures seek repeal in 2012 voter referendum

The Associated Press (AP) reports in Education Week that Organizers of a bid to dump the education and teachers union overhaul that passed the 2011 Idaho Legislature say they’ve gathered enough signatures to put all three repeal measures on the November 2012 ballot. Michael Lanza, an organizer of the petitions, claims more than 48,000 people signed each of three petitions to put the new Idaho laws to referendum votes. The measures being challenged restrict education union bargaining rights, introduce teacher merit pay and shift money from salaries to classroom technology.

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School reform advocates in Connecticut push to eliminate seniority-based layoffs for teachers

The Connecticut Coalition for Achievement Now (CCAN), a school reform advocacy groups, is pushing the Connecticut legislature to stop school districts from using seniority to determine which teachers could face budget-related layoffs, according to an Associated Press (AP) report in the Boston Globe. CCAN contends this year’s state and local budget constraints make layoffs a real threat to talented new teachers, who are first in line for cuts in many districts while seniority shields other teachers even with well-documented ineptitude.

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