Briefs

N. M. v. Harrison School District (United States Court of Appeals for the Tenth Circuit)
May 16, 2019
Whether the Tenth Circuit should apply Endrew F. consistently with other circuits and the Supreme Court's clear intent to assess FAPE based on the child's individual circumstances.

U.S. Department of Commerce v. State of New York, No. 18-966 (U.S. Supreme Court – Merits Brief)
March 28, 2019
Whether the Secretary of Commerce’s decision to add a citizenship question to the Decennial Census violated the Enumeration Clause of the United States Constitution.

Town of Millburn v. Palardy, No. 18-830 (U.S. Supreme Court – Petition Brief)
February 4, 2019
Whether the Third Circuit’s two-step framework for evaluating First Amendment retaliation claims by public employees apply to a claim alleging retaliation based on an employee’s association with a public sector union, and if so, how.

Kisor v. Wilkie (U.S. Supreme Court – Merits Brief)
January 31, 2019
Whether Auer v. Robbins, 519 U.S. 452 (1997) should be overruled.

Vidal v. Nielsen (United States Court of Appeals for the Second Circuit)

April 11, 2018
Whether the district court’s preliminary injunction barring the United States government from terminating the DACA program should be upheld.

Regents of University of California v. U.S. Department of Homeland Security (United States Court of Appeals for the Tenth Circuit)
March 20, 2018
Whether a preliminary injunction barring the federal government from eliminating the DACA program is in the public interest because DACA promotes equity and diversity in public schools,

South Dakota v. Wayfair Inc. (U.S. Supreme Court – Merits Brief)

Whether the U.S. Supreme Court should abrogate the Quill Corp. v. North Dakota, 504 U.S. 298 (1992), sales-tax-only, physical-presence requirement.

Guides

Drugs, Substance Abuse and Public Schools
January 30, 2019
A collaboration between NSBA and the National Association of School Nurses, The Drugs, Substance Abuse and Public Schools Guide helps school board members identify appropriate responses to the presence and use of both authorized medications and illicit drugs in schools.

Fostering Safer Schools
August 17, 2018
The Fostering Safer Schools Guide assists school board members in finding the best practices for their districts, covering policies and programs that promote safe learning environments and ideas on how to collaborate with local law enforcement officials. This guide also provides districts with direction on school safety planning and how to understand liability risks and insurance options.

Navigating Student Walkouts & Mass Protests
February 27, 2018
An appendix to NSBA’s Coercion, Conscience, and the First Amendment Guide, this brief outlines potential responses school board members may adopt to meet the challenges arising from student mass protests and to engage students, parents and other stakeholders.

Coercion, Conscience, and the First Amendment
January 31, 2018
The first amendment guide offers a legal framework for school board members to understand student and employee speech and how that framework might be applied in complicated, real-life situations.

Transgender Students in Schools
October, 12 2017
Originally released in 2016 and updated in 2017, the Transgender Students in Schools Guide answers frequently asked questions for public school boards and staff surrounding student gender identity issues, offering a balanced, objective resource that supports the mission of public schools to educate our nation’s children in safe and inclusive learning environments.

Lifting the Lamp Beside the Schoolhouse Door
October 3, 2017
A guide to serving undocumented students in public schools, Lifting the Lamp Beside the Schoolhouse Door helps school leaders understand and navigate the operational difficulties districts around serving undocumented students, explaining current law on relevant immigrations issues and how school policies may be affected.