Key Points The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role relative to the core mission of the institution. To determine whether the ministerial exception applies in a specific case, courts must assess the nature of the duties or functions performed by the employee for the religious institution. Employees of religious institutions who are designated as performing functions…

On June 30, 2020, the Supreme Court, in Espinoza v. Montana Department of Revenue, ruled that states must allow religious schools to participate in programs that provide scholarships to students attending private schools. Background of Espinoza Case The Montana Legislature established a program that granted tax credits to people who donated to organizations that award scholarships for private school tuition. However, the Montana Constitution contains a “no-aid provision” that prohibits government aid to flow…

On this day in 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law and on May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which will have a significant impact on schools all across the country. This post identifies some of the key takeaways from the final regulations and related comments from the Department.…

The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our entire Education team is continually monitoring and responding to federal and state guidance on this issue. We have various resources ready to assist you immediately.  We discuss those resources below and assure you that we will keep them updated as new guidance is issued…

Title VI Obligations School districts have an obligation under Title VI not to discriminate on the basis of race, color or national origin. They cannot intentionally discriminate – that is, for example, treat African-American students differently than white students on the basis of race – or engage in practices that have a disparate impact on students of a certain race without having a substantial legitimate justification necessary to its educational mission. In addition, school districts…