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K-12 Legal Insights

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By: Husch Blackwell LLP

Blog Authors

Ariel Anthony
Jay Atkins
Jordan Ault
Allee Barton
John W. Borkowski
Anne D. Cartwright
Lindsay Chapman
Catarina Colón
Mackenzie Conway
Soham Desai
Mary E. Deweese
Joseph Diedrich
Paige C. Duggins-Clay
Mark R. Falkowski
Claire Hawley
Timothy A. Hilton
Tiffany Hutchens
Matt Knepper
Natalia Kruse
Claire LaFont
Katie Jo Luningham
Anne Mayette
Ashleigh J. Morpeau
Mary Kate Mullen
Theresa Mullineaux
Skye Parr
Demetrius Peterson
Terry Potter
Michael T. Raupp
Aleks Ostojic Rushing
Elizabeth Samples
Derek T. Teeter
Ally Towers
Larissa Whittingham
Sarah Zimmerman

Latest from K-12 Legal Insights

K-12 Legal Insights

Livin’ on a Prayer: Supreme Court to Hear Case of Football Coach who Lost Job for Praying

By John W. Borkowski, Aleks Ostojic Rushing & Claire Hawley
January 26, 2022
Judicial court building white marble and pillars.

On January 14, 2022, the Supreme Court granted certiorari to determine whether a school district was within its rights in telling a coach not to continue to kneel and pray at the 50-yard line after his team’s games.…

K-12 Legal Insights

What’s in a name?: Federal Court in Indiana Dismisses Teacher’s Religious Discrimination Over the Use of Students’ Preferred Names

By John W. Borkowski, Aleks Ostojic Rushing & Catarina Colón
July 23, 2021
Group of Children in a Circle

John Kluge, a former music and orchestra teacher at Brownsburg Community School Corporation (“BCSC”) allegedly was forced to resign after refusing to refer to transgender students by the names selected by the students, their parents, and their healthcare providers due…

K-12 Legal Insights

Supreme Court Rules on Student Off Campus Speech: Mahanoy Area School District v. B.L.

By John W. Borkowski, Aleks Ostojic Rushing, Skye Parr, Catarina Colón & Mackenzie Conway
July 15, 2021
Cheer Megaphone

On June 23, 2020, in an 8-1 decision, the Supreme Court ruled that the Mahanoy Area School District’s decision to suspend a student from the cheerleading team for posting vulgar language and gestures on social media (outside of school hours…

K-12 Legal Insights

Mahanoy Area School District v. B.L. – the student free speech case every public school administrator should know about

By Larissa Whittingham, Aleks Ostojic Rushing & John W. Borkowski
May 3, 2021
Supreme Court Sunrise

On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching.

Background

This…

K-12 Legal Insights

U.S. Department of Education Releases Guidance on Safely Reopening Schools

By John W. Borkowski, Aleks Ostojic Rushing, Skye Parr & Catarina Colón
March 17, 2021
Back to School Covid Ready

On February 12, 2021, the Department of Education (“the Department”) and the Centers for Disease Control and Prevention (“CDC”) released guidance to support school and district leaders and educators to safely reopen elementary and secondary schools. The guidance focuses on…

K-12 Legal Insights

Parents for Privacy v. Barr: Takeaways after Cert. Denial

By John W. Borkowski, Aleks Ostojic Rushing, Skye Parr & Catarina Colón
December 22, 2020
Locker room public school

On November 11, 2017, various groups of parents and several individuals filed suit in federal district court in Oregon challenging Dallas School District No. 2’s policy of accommodating transgender students’ requests to use sex-segregated school facilities on the basis of…

K-12 Legal Insights

K-12 Education v. Higher Education in Title IX Compliance: 2020 Regulations

By Aleks Ostojic Rushing, Anne D. Cartwright & John W. Borkowski
November 10, 2020
Sexual Harassment and Sexual Assault in K-12 Schools

On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher education institutions. This post identifies some…

K-12 Legal Insights

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

By Timothy A. Hilton & Larissa Whittingham
July 21, 2020

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

…

K-12 Legal Insights

Supreme Court Rules on Religious Schools Case: Espinoza v. Montana Department of Revenue

By John W. Borkowski, Aleks Ostojic Rushing & Allee Barton
July 15, 2020

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…

K-12 Legal Insights

Title IX: Takeaways from Final Regulations and Comments from the Department

By John W. Borkowski, Aleks Ostojic Rushing, Skye Parr & Catarina Colón
June 23, 2020
glasses-laptop-pad-pen

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…

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