Employment Law Now V-96- LOTS of Big Employment Law Developments
COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update
They Said What? First Amendment Issues in 2020
COVID School Landscape
In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more
As Ohio’s K-12 public school administrators gear up for the 2025-2026 school year, understanding what’s ahead is more important than ever. With the passage of Ohio’s biennial budget, new funding provisions, policy shifts, and...more
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
In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more
Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right...more
Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024). After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the School District...more
Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more
Governor Hochul and the New York State Legislature recently reached an agreement on a “bell-to-bell” smartphone ban in schools. This new legislation will take effect for the 2025-2026 school year and will apply to all schools...more
Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns among educators, parents,...more
The Order states that the Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful...more
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
The 2020 Title IX Regulations raise the issue of predatory grooming, but only to state that it may be covered by the definition of Sexual Harassment in § 106.30 of the regulations. Thus, to the Department of Education’s...more
The Department of Homeland Security (“DHS”) has historically maintained a “sensitive spaces” or “protected areas” policy which restricted the U.S. Immigration and Customs Enforcement (“ICE”) agents from making arrests in...more
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
Ohio public schools will soon be required to adopt policies on curriculum content concerning sexual concepts, parental notification about students’ health and well-being, and time for students to attend courses in religious...more
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
The 2024-2025 academic school year is ushering in a wave of new, mandatory policies to be adopted by public schools across North Carolina. Statutory and regulatory changes at the state and federal levels have imposed...more
The Georgia High School Association (GHSA) amended its rules on July 18 to place additional limits on how student-athletes can participate in commercial name, image, and likeness (NIL) activities. This amendment comes nearly...more
Join the Bricker Graydon team for a review of the hottest legal developments impacting K-12 public education as you start the 2024-2025 school year....more
Expulsion and dismissal are the most severe sanctions an academic institution can impose. Both labels connote student separation from the school. Whenever a student is facing expulsion or dismissal, the student should enlist...more
Georgia has joined the list of states that allow high school athletes to profit from their name, image, and likeness (NIL). On October 2, 2023, the Georgia High School Association (GHSA) added a new bylaw and guidance to its...more
Georgia school districts are on track this calendar year to see a sharp uptick in the number of student discipline decisions being reversed on appeal by the Georgia State Board of Education. While each case is...more
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more
The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more
Satanic Temple, Inc. v. Saucon Valley Sch. Dist., 2023 U.S. Dist. LEXIS 75001, (E.D. Pa. May 1, 2023). Because a School District allowed various community groups to meet within school facilities, the After School Satan Club...more