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Constitutional Challenges › Public Schools › School Policies

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Fox Rothschild LLP

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

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On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Tucker Arensberg, P.C.

Transgender Accommodations and Parental Rights

Tucker Arensberg, P.C. on

A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade...more

Clark Hill PLC

Ninth Circuit: Schools Cannot Add New Charges and Penalties Without Specific Notice and Meaningful Opportunity to Respond

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In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

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Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Miller Nash LLP

Veritas Means Truth: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

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On Tuesday, January 7, 2025, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these...more

Fisher Phillips

The Impact of Governor DeSantis’s Mask Order on Florida Private Schools: To Mask or Not to Mask?

Fisher Phillips on

In response to several Florida school boards considering mask mandates in advance of school openings, Florida Governor Ron DeSantis just signed an executive order threatening to withhold state funds from any school boards...more

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