Emerging Legal Issues in Urban Education: Recent Court Decisions and Agency Actions Affecting Public Education The October 2016 term of the United States Supreme Court was historic. Justice Neil Gorsuch was nominated by President Donald Trump to the United States Supreme Court on January 31, 2017.  After Democrats filibustered the confirmation vote of Gorsuch, Republicans invoked the “nuclear option,” allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote.  View Full Post
President Trump and U.S. Department of Education (ED) Secretary DeVos have consistently emphasized and promoted the idea of “local control” in education. However, what does local control really mean? Power to the states? Power to the local school boards? Until now, many have believed that local control applied to all non-federal government involvement in education. View Full Post
Texting Students and Parents: New Developments and Open Questions under the Telephone Consumer Protection Act The FCC recently provided additional guidance about the kinds of school-initiated text messages and automated calls that are exempt from liability under the federal Telephone Consumer Protection Act (TCPA). Below is a brief background of relevant portions of the TCPA, a summary of new guidance from the FCC, and a few open issues to consider. View Full Post
Decision by Eighth Circuit Panel Clarifies States’ Ability to Impose FAPE Requirements On Wednesday, July 13, 2017, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) made a significant decision regarding states’ ability to impose requirements for special education services to students.  The Eighth Circuit ruled that although under federal law the Individuals with Disabilities Education Act (IDEA) does guarantee nonpublic school students with disabilities a free appropriate public education (FAPE), states are not prohibited from granting that right to private school students. View Full Post
Curriculum Meetings and Public Concerns Collide in Wisconsin Supreme Court Decision on Open Meetings Law In Krueger v. Appleton Area School Dist. Bd. of Educ., No. 2015AP231, 2017 WI 70, (Wis. 2017), a parent of a child who attended school in the Appleton Area School District (District) alleged that a school board advisory committee meeting was improperly closed because it was a governmental body subject to Wisconsin’s open meetings law.  View Full Post
Missouri Schools Face Changing Employment Laws This Year Legislation passed by the Missouri General Assembly this term will have a significant impact on Missouri schools. First, the General Assembly quickly passed a right-to-work bill that Governor Greitens signed into law less than a month after his inauguration. Second, on June 30, 2017, Governor Greitens signed a bill into law changing the requirements for state employment discrimination claims and providing a statutory basis for whistleblower suits. View Full Post