News & Analysis as of

Constitutional Challenges School Policies

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

Fisher Phillips on

The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Clark Hill PLC

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

Clark Hill PLC on

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

Fox Rothschild LLP on

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

Miller Canfield on

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

Clark Hill PLC on

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

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

Miller Nash LLP on

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

Bowditch & Dewey

Court Vacates 2024 Title IX Regulations—Next Steps for Higher Education Institutions

Bowditch & Dewey on

On January 9, 2025, the United States District Court for the Eastern District of Kentucky (the “Court”) issued a decision and order in Tennessee v. Cardona (the “January 9 Order”). Plaintiffs had sued the Department of...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

Fisher Phillips on

A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

Shipman & Goodwin LLP on

Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bricker Graydon LLP

Rational basis or strict scrutiny; a tale of two university vaccine policies

Bricker Graydon LLP on

On August 31, 2021, Judge John Maloney of the U.S. District Court for the Western District of Michigan issued two separate opinions on motions for temporary restraining orders requesting prohibitions against university...more

Franczek P.C.

Appeals Court Rejects Bid to Block Indiana University Vaccine Policy

Franczek P.C. on

Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...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

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide