NSBA Amicus Briefs
NSBA files more amicus briefs to the Supreme Court each year than all education associations combined. Our most recent state and federal court briefs are available below. See the School Law Issues area for topically archived briefs.
Resources
- NSBA Amicus Curiae Briefs Win-Loss Record
[DOC 406,528kb] - Safford Unified Sch. Dist. #1 v. Redding (U.S. Sup. Ct.)
[PDF 1,312,963kb]
Fourth Amendment: strip searches for prescription drugs; qualified immunity
- Fitzgerald v. Barnstable School Committee (U.S. Sup. Ct.)
[PDF 1,974,354kb]
Sex discrimination: Title IX pre-emption of section 1983 constitutional claims in peer harassment case
- Disability Law Center of Alaska v. Anchorage School District (9th Cir.)
[PDF 1,662,533kb]
FERPA/ IDEA: authority of P&A groups to access confidential student records protected by federal law
- Forest Grove School District v. T.A. (U.S. Sup. Ct.)
[PDF 155,872kb]
IDEA: tuition reimbursement—child who has not previously received special education services from school district
- Abbeville County School District v. South Carolina (S.C.)
[PDF 160,372kb]
Finance: How state courts have evaluated funding adequacy claims under state constitutions.
- Crawford v. Metropolitan Government of Nashville and Davidson County (U.S. Sup. Ct.)
[PDF 2,520,534kb]
Employment: Title VII—scope of opposition and participation anti-retaliation protection
- Dean Transportation, Inc. v. National Labor Relations Board (D.C. Cir.)
[PDF 2,593,456kb]
Labor: National Labor Relations Act—union representation after privatization—maintaining options for school boards
- Meacham v. Knolls Atomic Power Laboratory (U.S. Sup. Ct.)
[PDF 137,810kb]
Employment: Age Discrimination in Employment Act—burden of proof for reasonable factor other than age.
- Engquist v. Oregon Department of Agriculture (U.S. Sup. Ct.)
[PDF 181,880kb]
Employment: Equal protection—application of class of one analysis to public employment.
- Nurre v. Whitehead (9th Cir.)
[PDF 238,934kb]
First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.
- Cain v. Horne (Ariz. Ct. App.)
[PDF 884,738kb]
Separation of church and state: constitutionality of Arizona voucher programs—Blaine Amendments
- Colorado Christian University v. Baker (10th Cir.)
[PDF 90,732kb]
First Amendment: Establishment Clause—state provisions prohibiting public funding of religious education
- Alexandria City Schools v. A.K. (U.S. Sup. Ct.)
[PDF 256,881kb]
IDEA: Individualized education program—definition of “location” of services—denial of free appropriate public education
- Kentucky Retirement Systems v. EEOC (U.S. Sup. Ct.)
[PDF 144,855kb]
ADEA: Age as factor in retirement plans—facial discrimination
- Page v. Lexington County School District One (4th Cir.)
[PDF 115,303kb]
First Amendment: Government speech—school district statements on proposed legislation—hyperlinks on school web sites
- Thompson R2-J School Dist. v. Luke P. (10th Cir.)
[PDF 178,172kb]
IDEA: substantive standard for FAPE--self sufficiency
- Busch v. Marple Newton School District (3d Cir.)
[PDF 60,372kb]
First Amendment: curriculum control--free speech rights of parent volunteers
- M.A.L. v. Kinsland (6th Cir.)
[PDF 325,919kb]
First Amendment - student distribution of literature - time, place and manner regulations
- John M. v. Board of Education of Evanston Township High School District 202. (7th Cir.)
[PDF 72,233kb]
IDEA: current educational placement
- Bd. of Educ. of the City Sch. Dist. of the City of New York v. Tom F. (U.S. Sup. Ct.)
[PDF 110,729kb]
IDEA: tuition reimbursement
- TSSAA v. Brentwood Academy (U.S. Sup. Ct.)
[PDF 143,311kb]
First Amendment—standard for free speech challenge to contractual terms promoting educational mission.
- BCI Coca-Cola Bottling Co. of Los Angeles v. EEOC (U.S. Sup. Ct.)
[PDF 107,523kb]
Employment—Title VII—Final decisionmaker liability for racial animus of subordinates.
- Winkelman v. Parma City School District (U.S. Sup. Ct.)
[PDF 202,277kb]
IDEA: Parent representing child pro se in court.
- Morse v. Frederick (U.S. Sup. Ct.)
[PDF 187,116kb]
First Amendment: student expression – classification of speech, i.e. Tinker, Fraser, or Kuhlmeier – qualified immunity.
- Unified School District No. 259 v. Disability Rights Center of Kansas (10th Cir.)
[PDF 174,123kb]
FERPA: disclosure of student records to protection and advocacy groups.