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School Districts First Amendment

Shipman & Goodwin LLP

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary Schools

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The Supreme Court’s recent decision in Mahmoud v. Taylor has raised new considerations for districts faced with requests from parents to excuse students from instruction they believe is at odds with their religious beliefs. ...more

Sands Anderson PC

What Now? Recent SCOTUS Decision Leaves School Divisions With More Questions Than Answers

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The U.S. Supreme Court recently ruled that a school division’s use of LGBTQ+-inclusive storybooks without allowing parental opt-outs unconstitutionally burdened religious freedom. This decision raises significant questions...more

Poyner Spruill LLP

U.S. Supreme Court Requires Public Schools to Allow Parental Opt-Outs from Lessons that Substantially Interfere with Children’s...

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On June 27, 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), holding that the Montgomery County Board of Education’s introduction of LGBTQ+-inclusive storybooks into its...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

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

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The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Snell & Wilmer

Ninth Circuit Holds School Board Trustee Liable for Blocking Public Comments on Her Social Media Account

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Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more

Tucker Arensberg, P.C.

School Director’s First Amendment Rights Not Violated When Board and Superintendent Criticize his Offensive Social Media Posts

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Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that statement issued by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

South Carolina House and Senate Introduce Legislation on Diversity, Equity, and Inclusion

State legislators have introduced bills in the South Carolina House of Representatives and South Carolina Senate to amend Title 1, Chapter 1 of the South Carolina Code by adding sections addressing diversity, equity, and...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

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Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Tucker Arensberg, P.C.

District Court Allows First Amendment and Due Process Claims to Proceed in Flynn v. Big Spring School District

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Flynn v. Big Spring Sch. Dist., No. 1:22-CV-00961, 2024 U.S. Dist. LEXIS 168913, at *2 (M.D. Pa. Sep. 19, 2024) (District Court permits Plaintiffs who were regular attendants at school board meetings to move forward with...more

Shipman & Goodwin LLP

See You In Court - February 2025

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Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....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

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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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

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

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Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Pullman & Comley - School Law

Are Your District's Social Media Accounts a Ticking Legal Time Bomb?

While district-controlled Facebook, Instagram and Twitter/“X” accounts can certainly be a great tool for engaging stakeholders – particularly Gen X and Millennial parents – it is important for board members and administrators...more

Roetzel & Andress

Is the After School Satan Club Coming to Your School District?

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The decision of the U.S. District Court for the Eastern District of Pennsylvania in Satanic Temple, Inc. v. Saucon Valley School District, ___ F.Supp.3d ___, 2023 WL 3182934, 2023 U.S. Dist. LEXIS 75001 (May 1, 2023) is a...more

Fisher Phillips

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

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Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...more

Parker Poe Adams & Bernstein LLP

Navigating the Intersection of Religion and Public Schools

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise,...more

Bricker Graydon LLP

Preparing for a “First Amendment Audit”

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Districts should be aware of a growing trend of “First Amendment Audits” occurring in district offices and schools. During an “audit,” an individual (or group) enters a school district lobby, begins filming and then posts...more

Franczek P.C.

Department of Ed Releases Post-Kennedy Guidance on Religious Expression in Public Schools

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In May 2023, the Department of Education issued guidance on the current state of the law regarding constitutionally protected prayer and religious expression in public schools. Last updated in 2020, the guidance incorporates...more

Spilman Thomas & Battle, PLLC

The Academic Advisor- Education Law Insights, Issue 2, February 2023

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

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

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A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

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