On October 24, 2022, the Eastern District of Texas overruled a school district’s objections to the Report and Recommendation of a magistrate judge denying the district’s motion to dismiss. Ultimately, the court ruled that coaches may be “appropriate persons” with actual knowledge satisfying one element of a Title IX complaint. A Brownsboro ISD student, through […]
Read moreOctober brings Fall weather, changing leaves, and a bit of chaos on the student discipline front. Homecoming festivities and other school-sponsored events may trigger an uptick in allegations of student-on-student sexual misconduct. When a school employee receives notice of a potential Title IX issue, the District must respond with immediate and swift action so as not […]
Read moreSenate Bill 797, enacted in August of 2022, requires public elementary and secondary schools to display in a conspicuous place in each building of the school or institution a durable poster or framed copy of the United States national motto, “In God We Trust.” The signs must be donated or purchased with private funds and […]
Read moreFollowing the tragedy at Robb Elementary School, state educational leaders, legislators, and community members are seeking assurances from school districts across Texas regarding safety and security plans and procedures. The Texas House of Representatives Investigative Committee recently released a 77-page report detailing the Uvalde shooting and the extent to which the Uvalde ISD acted in […]
Read moreThe U.S. Supreme Court issued a long-awaited ruling regarding prayer by school employees today. In Kennedy v. Bremerton School District, the Court was asked to decide whether a high school football coach had a constitutionally protected right to pray on the football field following a game. The Court sided 6-3 with the coach. The decision […]
Read moreOn Friday, February 18, 2022, Texas Attorney General Ken Paxton issued Opinion No. KP-0401, in which the Attorney General opined that a court could find that certain enumerated “sex-change procedures”, when performed on minors, constitute child abuse under several provisions of Chapter 261 of the Texas Family Code. The specific procedures addressed in the Opinion […]
Read moreAs mask and vaccine mandates gain more traction throughout the nation as a means of preventing and hopefully eradicating COVID-19, many people who vehemently oppose these measures are attempting to use religious exemptions as a last-ditch effort to avoid compliance. Religious exemptions to vaccinations have been asserted in the past, but perhaps never in such […]
Read moreThe U.S. Supreme Court recently issued its long-awaited decision in Mahanoy Area School District v. B.L., ruling that a school district violated a cheerleader’s First Amendment rights when it suspended her from the cheer team because of her off-campus social-media posts. However, in doing so, the Court explained that its ruling was narrowly limited to […]
Read moreOne year ago, the United States Supreme Court handed down their decision in Bostock v. Clayton County. In making its decision, the Supreme Court found that employers who discriminate against employees based on sexual orientation and/or gender identity are inherently treating employees differently because of their sex, the exact practice Title VII prohibits in all […]
Read moreShortly after sharing concerns about the educational placement of a student with a disability, a Michigan parent received a truancy letter. The letter, sent by the district’s attendance agent, explained the legal repercussions of the student’s unexcused absences and that the parent could be prosecuted under state law. The attendance agent, unaware of the prior […]
Read more