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	<title>Comments for Legal Clips</title>
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	<link>http://legalclips.nsba.org</link>
	<description>THE Source For Recent Developments in School Law</description>
	<lastBuildDate>Thu, 23 May 2013 16:55:13 +0000</lastBuildDate>
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		<title>Comment on Teachers&#8217; union hits Chicago&#8217;s school board with two suits opposing proposed school closings by Legal Clips &#187; Federal district court upholds D.C. public school system&#8217;s school closure plan against various federal and state claims</title>
		<link>http://legalclips.nsba.org/?p=20408&#038;cpage=1#comment-27885</link>
		<dc:creator>Legal Clips &#187; Federal district court upholds D.C. public school system&#8217;s school closure plan against various federal and state claims</dc:creator>
		<pubDate>Thu, 23 May 2013 16:55:13 +0000</pubDate>
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		<description>[...] In May 2013, Legal Clips summarized a Chicago Tribune report on lawsuits filed by the teachers&#039; union to prevent the closure of 53 schools in Chicago.] [...]</description>
		<content:encoded><![CDATA[<p>[...] In May 2013, Legal Clips summarized a Chicago Tribune report on lawsuits filed by the teachers&#039; union to prevent the closure of 53 schools in Chicago.] [...]</p>
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		<title>Comment on Federal district court upholds D.C. public school system&#8217;s school closure plan against various federal and state claims by Legal Clips &#187; Complaint filed with OCR charges NYC high school admissions&#8217; policies discriminate against African-American and Hispanic students</title>
		<link>http://legalclips.nsba.org/?p=20469&#038;cpage=1#comment-27882</link>
		<dc:creator>Legal Clips &#187; Complaint filed with OCR charges NYC high school admissions&#8217; policies discriminate against African-American and Hispanic students</dc:creator>
		<pubDate>Thu, 23 May 2013 16:35:49 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20469#comment-27882</guid>
		<description>[...] In May 2013 Legal Clips summarized Spurlock v. Fox, a decision in which the Sixth Circuit Court of Appeals noted that intent is an element in disparate impact claims.  A similar conclusion was reached in Smith v. Henderson, a District of Columbia federal district court decision summarized in a May 2013 ... [...]</description>
		<content:encoded><![CDATA[<p>[...] In May 2013 Legal Clips summarized Spurlock v. Fox, a decision in which the Sixth Circuit Court of Appeals noted that intent is an element in disparate impact claims.  A similar conclusion was reached in Smith v. Henderson, a District of Columbia federal district court decision summarized in a May 2013 &#8230; [...]</p>
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		<title>Comment on Suit challenges Missouri ballot intiative that would eliminate teachers&#8217; tenure protections by Legal Clips &#187; Federal appellate court rules Illinois substitute teachers do not earn credit toward tenure</title>
		<link>http://legalclips.nsba.org/?p=20207&#038;cpage=1#comment-27879</link>
		<dc:creator>Legal Clips &#187; Federal appellate court rules Illinois substitute teachers do not earn credit toward tenure</dc:creator>
		<pubDate>Thu, 23 May 2013 15:44:12 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20207#comment-27879</guid>
		<description>[...] v. Bd. of Educ. of Chi., No. 11-3277 (7th Cir. May 17, 2013) [Editor&#039;s Note: In May 2013, Legal Clips summarized a St. Louis Beacon article reporting that a group of educators filed a lawsuit to stop a ballot initiative proposal which [...]</description>
		<content:encoded><![CDATA[<p>[...] v. Bd. of Educ. of Chi., No. 11-3277 (7th Cir. May 17, 2013) [Editor&#039;s Note: In May 2013, Legal Clips summarized a St. Louis Beacon article reporting that a group of educators filed a lawsuit to stop a ballot initiative proposal which [...]</p>
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		<title>Comment on Federal appellate court rules Tennessee district’s student assignment plan does not violate African-American students’ equal protection rights by Legal Clips &#187; Complaint filed with OCR charges NYC high school admissions&#8217; policies discriminate against African-American and Hispanic students</title>
		<link>http://legalclips.nsba.org/?p=20328&#038;cpage=1#comment-27877</link>
		<dc:creator>Legal Clips &#187; Complaint filed with OCR charges NYC high school admissions&#8217; policies discriminate against African-American and Hispanic students</dc:creator>
		<pubDate>Thu, 23 May 2013 15:36:37 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20328#comment-27877</guid>
		<description>[...] May 2013 Legal Clips summarized Spurlock v. Fox, a decision in which the Sixth Circuit Court of Appeals noted that intent is an element in disparate impact claims.  A similar conclusion was reached in [...]</description>
		<content:encoded><![CDATA[<p>[...] May 2013 Legal Clips summarized Spurlock v. Fox, a decision in which the Sixth Circuit Court of Appeals noted that intent is an element in disparate impact claims.  A similar conclusion was reached in [...]</p>
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		<title>Comment on Suit alleges Mississippi high school is holding mandatory religious assemblies by Legal Clips &#187; Proposed Bible class sparks debate at Delaware school board meeting</title>
		<link>http://legalclips.nsba.org/?p=20029&#038;cpage=1#comment-27781</link>
		<dc:creator>Legal Clips &#187; Proposed Bible class sparks debate at Delaware school board meeting</dc:creator>
		<pubDate>Wed, 22 May 2013 19:23:37 +0000</pubDate>
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		<description>[...] May 2013 Legal Clips summarized a report from WAFB on a lawsuit filed against a Mississippi school district alleging that one of its high schools was conducting mandatory student assemblies where Christian [...]</description>
		<content:encoded><![CDATA[<p>[...] May 2013 Legal Clips summarized a report from WAFB on a lawsuit filed against a Mississippi school district alleging that one of its high schools was conducting mandatory student assemblies where Christian [...]</p>
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		<title>Comment on Federal appellate court rules Tennessee district’s student assignment plan does not violate African-American students’ equal protection rights by Legal Clips &#187; Federal district court upholds D.C. public school system&#8217;s school closure plan against various federal and state claims</title>
		<link>http://legalclips.nsba.org/?p=20328&#038;cpage=1#comment-27634</link>
		<dc:creator>Legal Clips &#187; Federal district court upholds D.C. public school system&#8217;s school closure plan against various federal and state claims</dc:creator>
		<pubDate>Tue, 21 May 2013 15:07:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20328#comment-27634</guid>
		<description>[...] v. Henderson, No. 13-420 (D.D.C. May 15, 2013) [Editor&#039;s Note: In May 2013, Legal Clips summarized the Sixth Circuit&#039;s decision in Spurlock v. Fox, quoted extensively by the judge in this decision.  Spurlock v. Fox held that a Tennessee school [...]</description>
		<content:encoded><![CDATA[<p>[...] v. Henderson, No. 13-420 (D.D.C. May 15, 2013) [Editor&#039;s Note: In May 2013, Legal Clips summarized the Sixth Circuit&#039;s decision in Spurlock v. Fox, quoted extensively by the judge in this decision.  Spurlock v. Fox held that a Tennessee school [...]</p>
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		<title>Comment on Oklahoma district&#8217;s board votes to remove Ten Commandments displays from classrooms by Legal Clips &#187; School district reaches $85k settlement with teacher recommended for dismissal after stomping on the U.S. flag in class</title>
		<link>http://legalclips.nsba.org/?p=20338&#038;cpage=1#comment-27298</link>
		<dc:creator>Legal Clips &#187; School district reaches $85k settlement with teacher recommended for dismissal after stomping on the U.S. flag in class</dc:creator>
		<pubDate>Fri, 17 May 2013 16:26:23 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20338#comment-27298</guid>
		<description>[...] KCTV 5 NEWS, 05/07/2013, by Jason Old [Editor&#039;s Note: In May 2013, Legal Clips summarized a Times Record News report that Muldrow School District’s school board elected to remove plaques in every classroom displaying the Ten Commandments, rather than risk a [...]</description>
		<content:encoded><![CDATA[<p>[...] KCTV 5 NEWS, 05/07/2013, by Jason Old [Editor&#039;s Note: In May 2013, Legal Clips summarized a Times Record News report that Muldrow School District’s school board elected to remove plaques in every classroom displaying the Ten Commandments, rather than risk a [...]</p>
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		<title>Comment on Elementary school students suspended by Virginia district for using pencils as guns by Hack Education Weekly News: MOOCs and Anti-MOOCs</title>
		<link>http://legalclips.nsba.org/?p=20222&#038;cpage=1#comment-27028</link>
		<dc:creator>Hack Education Weekly News: MOOCs and Anti-MOOCs</dc:creator>
		<pubDate>Sat, 11 May 2013 04:59:40 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20222#comment-27028</guid>
		<description>[...] A group of young boys at Driver Elementary School in Virginia were suspended by district officials for pointing pencils at each other and making shooting noises. The district has a &#8220;no tolerance&#8221; policy for violence and &#8220;there has to be a consequence,&#8221; said a district spokesperson. [...]</description>
		<content:encoded><![CDATA[<p>[...] A group of young boys at Driver Elementary School in Virginia were suspended by district officials for pointing pencils at each other and making shooting noises. The district has a &ldquo;no tolerance&rdquo; policy for violence and &ldquo;there has to be a consequence,&rdquo; said a district spokesperson. [...]</p>
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		<title>Comment on Elementary school students suspended by Virginia district for using pencils as guns by Tina</title>
		<link>http://legalclips.nsba.org/?p=20222&#038;cpage=1#comment-26911</link>
		<dc:creator>Tina</dc:creator>
		<pubDate>Thu, 09 May 2013 23:05:24 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20222#comment-26911</guid>
		<description>What a bunch of upright ultra feminists destroying the remaining threads of masculinity. Men are our protectors and these boys are acting out of biology.

Its idiot women like this one that&#039;s feminizing our boys.

Call and complain to the school board!</description>
		<content:encoded><![CDATA[<p>What a bunch of upright ultra feminists destroying the remaining threads of masculinity. Men are our protectors and these boys are acting out of biology.</p>
<p>Its idiot women like this one that&#8217;s feminizing our boys.</p>
<p>Call and complain to the school board!</p>
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		<title>Comment on 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 by Ray</title>
		<link>http://legalclips.nsba.org/?p=19953&#038;cpage=1#comment-26874</link>
		<dc:creator>Ray</dc:creator>
		<pubDate>Thu, 09 May 2013 17:20:40 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=19953#comment-26874</guid>
		<description>I think the amendment to the law makes good sense.

As the article says, parents don&#039;t have to be notified when a tribal organization or child welfare agency &quot;when the organization is legally responsible for the care and protection of the student.&quot; Also, &quot;The USA amendments also delete the FERPA requirement that school districts notify parents before complying with a lawfully issued subpoena or judicial order for education records, in cases concerning child abuse and neglect (as defined by the Child Abuse Prevention and Treatment Act) where the parent is a party.&quot;

In the first situation the child welfare agency has legal custody of the child, and had to name the parent as a party to get custody, so why should the parent have the right to challenge access to the child&#039;s records when it is needed for care or treatment of the child? In the second situation, court rules provide that a subpoena or court order must be served on the parent anyway, so the parent has an opportunity to challenge the disclosure in the forum from which it issued. So additional notice from the school district appears to me to be duplicative, irrelevant and an unecessary expense to schools. (I hope I didn&#039;t sound harsh, but I&#039;m aware of what is going on in both situations when such records are needed.)</description>
		<content:encoded><![CDATA[<p>I think the amendment to the law makes good sense.</p>
<p>As the article says, parents don&#8217;t have to be notified when a tribal organization or child welfare agency &#8220;when the organization is legally responsible for the care and protection of the student.&#8221; Also, &#8220;The USA amendments also delete the FERPA requirement that school districts notify parents before complying with a lawfully issued subpoena or judicial order for education records, in cases concerning child abuse and neglect (as defined by the Child Abuse Prevention and Treatment Act) where the parent is a party.&#8221;</p>
<p>In the first situation the child welfare agency has legal custody of the child, and had to name the parent as a party to get custody, so why should the parent have the right to challenge access to the child&#8217;s records when it is needed for care or treatment of the child? In the second situation, court rules provide that a subpoena or court order must be served on the parent anyway, so the parent has an opportunity to challenge the disclosure in the forum from which it issued. So additional notice from the school district appears to me to be duplicative, irrelevant and an unecessary expense to schools. (I hope I didn&#8217;t sound harsh, but I&#8217;m aware of what is going on in both situations when such records are needed.)</p>
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		<title>Comment on Sua Sponte: NSBA&#8217;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 by NSBA encorages U.S. Supreme Court to clarify school district responsibility for student’s mental health treatment under IDEA &#171; Policy &#171; Educational News and Resource Updates</title>
		<link>http://legalclips.nsba.org/?p=19965&#038;cpage=1#comment-26856</link>
		<dc:creator>NSBA encorages U.S. Supreme Court to clarify school district responsibility for student’s mental health treatment under IDEA &#171; Policy &#171; Educational News and Resource Updates</dc:creator>
		<pubDate>Thu, 09 May 2013 03:03:28 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=19965#comment-26856</guid>
		<description>[...] Learn more about the case in NSBA&#8217;s Legal Clips. [...]</description>
		<content:encoded><![CDATA[<p>[...] Learn more about the case in NSBA&#8217;s Legal Clips. [...]</p>
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		<title>Comment on Sua Sponte: NSBA&#8217;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 by NSBA encorages U.S. Supreme Court to clarify school district responsibility for student&#8217;s mental health treatment under IDEA &#171; School Board News</title>
		<link>http://legalclips.nsba.org/?p=19965&#038;cpage=1#comment-26849</link>
		<dc:creator>NSBA encorages U.S. Supreme Court to clarify school district responsibility for student&#8217;s mental health treatment under IDEA &#171; School Board News</dc:creator>
		<pubDate>Wed, 08 May 2013 16:00:41 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=19965#comment-26849</guid>
		<description>[...] more about the case in NSBA&#8217;s Legal Clips.   Alexis Rice&#124;May 8th, 2013&#124;Categories: School Law, Special Education&#124;Tags: IDEA, mental health, [...]</description>
		<content:encoded><![CDATA[<p>[...] more about the case in NSBA&#8217;s Legal Clips.   Alexis Rice|May 8th, 2013|Categories: School Law, Special Education|Tags: IDEA, mental health, [...]</p>
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		<title>Comment on ACLU suit charges California Dep&#8217;t of ED is failing to provide English learning students with assistance by Hack Education Weekly News: MOOC Expansions, MOOC Refusals, and Felonious High School Science &#124; H Tanalepy</title>
		<link>http://legalclips.nsba.org/?p=20032&#038;cpage=1#comment-26739</link>
		<dc:creator>Hack Education Weekly News: MOOC Expansions, MOOC Refusals, and Felonious High School Science &#124; H Tanalepy</dc:creator>
		<pubDate>Sat, 04 May 2013 20:10:00 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20032#comment-26739</guid>
		<description>[...] American Civil Liberties Union (ACLU) has filed suit against the California Department of Education, alleging that the CDE is failing to provide [...]</description>
		<content:encoded><![CDATA[<p>[...] American Civil Liberties Union (ACLU) has filed suit against the California Department of Education, alleging that the CDE is failing to provide [...]</p>
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		<title>Comment on ACLU suit charges California Dep&#8217;t of ED is failing to provide English learning students with assistance by Hack Education Weekly News: MOOC Expansions, MOOC Refusals, and Felonious High School Science</title>
		<link>http://legalclips.nsba.org/?p=20032&#038;cpage=1#comment-26736</link>
		<dc:creator>Hack Education Weekly News: MOOC Expansions, MOOC Refusals, and Felonious High School Science</dc:creator>
		<pubDate>Sat, 04 May 2013 19:38:01 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=20032#comment-26736</guid>
		<description>[...] American Civil Liberties Union (ACLU) has filed suit against the California Department of Education, alleging that the CDE is failing to provide [...]</description>
		<content:encoded><![CDATA[<p>[...] American Civil Liberties Union (ACLU) has filed suit against the California Department of Education, alleging that the CDE is failing to provide [...]</p>
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		<title>Comment on Sua Sponte: NSBA&#8217;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 by Training For Life</title>
		<link>http://legalclips.nsba.org/?p=19965&#038;cpage=1#comment-26614</link>
		<dc:creator>Training For Life</dc:creator>
		<pubDate>Fri, 03 May 2013 19:08:36 +0000</pubDate>
		<guid isPermaLink="false">http://legalclips.nsba.org/?p=19965#comment-26614</guid>
		<description>Providing a meaningful educational benefit and not merely meeting a student&#039;s unique needs remains a gray area for students with severe disabilities whose educational benefits may closely resemble their unique needs.</description>
		<content:encoded><![CDATA[<p>Providing a meaningful educational benefit and not merely meeting a student&#8217;s unique needs remains a gray area for students with severe disabilities whose educational benefits may closely resemble their unique needs.</p>
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