Religious Use Law in South Florida
As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more
On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more
On January 24, 2025, the Court granted certiorari in three cases: Oklahoma Statewide Charter School Board v. Drummond, St. Isidore of Seville Catholic Virtual School v. Drummond, Nos. 24-394, 24-396: These consolidated...more
Our Education thought leaders have pulled together their top predictions for the new year so that higher education institutions and K-12 private and independent schools can get a running start to 2025....more
Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more
On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more
Win in Court doesn’t Assure More Pennsylvania School Funding - “Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more
Welcome to our fourth edition of The Academic Advisor - our e-newsletter focused on education law insights. As schools settle into the pace of fall semester/terms, we understand that you may experiencing a variety of familiar...more
While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more
Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more
The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more
In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX. ...more
Whether your school is aiming to be more diverse and inclusive or wanting to be in the best possible position to enforce religious tenets, it is important to consult with experienced independent or private school legal...more
Title IX has long had an exemption for religious institutions, which was put in place to protect religious rights under the First Amendment. That exemption is now coming under fire. In Hunter v. U.S. Department of Education,...more
That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more
The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Key Points- •In the June 10, 2020, National Labor Relations Board (Board) decision Bethany College, the Board reversed its own 2014 decision, Pacific Lutheran University, and held that the Board lacks jurisdiction over...more
On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more
In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education. The...more
We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more
The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...more
On January 22, 2020, the Supreme Court of the United States heard oral arguments in Espinoza v. Montana Department of Revenue, the case that could have serious consequences in the school choice debate. Parents of children...more