NSBA Legal Clips
Archived entries for state constitution

Louisiana Supreme Court strikes down state’s school voucher program as unconstitutional

A six justice majority of the Louisiana Supreme Court, with one justice dissenting, has ruled that the state’s means of funding its statewide private school voucher program violates the state constitution.

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U.S. Supreme Court to review Michigan law banning affirmative action in public university admissions

The New York Times reports that the U.S. Supreme Court will take up the case of Schuette v. Coalition to Defend Affirmative Action, Docket No. 12-682, which involves a voter initiative, Proposal 2, in Michigan that banned racial preferences in admissions to the state’s public universities.

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Indiana Supreme Court finds state private school voucher law is constitutional

In a 5-0 decision, the Indiana Supreme Court has ruled that the state’s private school voucher law, the “Choice Scholarship Program”, passes muster under the state constitution.

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Massachusetts’ highest court to hear arguments on whether Pledge of Allegiance violates state constitution

Lowellsun.com reports that in February 2013, the Massachusetts Supreme Judicial Court has solicited the submission of amicus (friend of the court) briefs from those who have a strong interest in, or views on, the subject of the constitutionality of the Pledge of Allegiance in schools, but are not a party in the lawsuit.

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Louisiana Supreme Court hears arguments in school voucher case

The Alexandria Town Talk reports that the Louisiana Supreme Court has heard oral arguments in a suit brought by opponents of the state’s private school voucher program, including the Louisiana School Boards Association, the Louisiana Federation of Teachers, and the Louisiana Association of Educators.

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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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Idaho court dismisses state from suit over constitutionality of school fees and state funding

According to an Associated Press report in the Idaho State Journal, Fourth District Judge Richard Greenwood dismissed the state from a lawsuit challenging the constitutionality of the fees many public schools charge for classes and the legality of Idaho’s overall education funding system.

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California State Board of Education developing regulations for new student fees law

EdSource reports that schools are required by the beginning of this month to implement a formal complaint process allowing families to challenge what they believe are illegal fees under a new state law governing when local school districts may charge students for school-related materials, trips, and activities.

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Colorado appellate court rules parents/taxpayers have no standing to challenge district’s private school voucher program

In a 2-1 split, a three-judge panel of the Colorado Court of Appeals has ruled that the plaintiffs, who include students, parents, taxpayers, and non-profit organizations, lacked standing to challenge the Douglas County School District’s Choice Scholarship Program, which provides vouchers for private school tuition under Colorado’s Public School Finance Act of 1994.

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Louisiana court reverses itself, holding teacher tenure provision in sweeping education law unconstitutional

According to The Advocate, Louisiana District Judge R. Michael Caldwell, of the 19th Judicial District Court, who upheld the tenure part of a sweeping education law in December 2012, has reversed himself after hearing new arguments from both sides.

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