2008 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.

Additional Resources

NSBA Amicus Brief Cain v. Horne (Ariz. Ct. App.)
Separation of church and state: constitutionality of Arizona voucher programs—Blaine Amendments

NSBA Amicus Brief - Nurre v. Whitehead (9th Cir.)
First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.

Engquist v. Oregon Department of Agriculture (U.S. Sup. Ct.) - Merits Brief
Employment: Equal protection—application of class of one analysis to public employment.

Meacham v. Knolls Atomic Power Laboratory (U.S. Sup. Ct.) - Merits Brief
Employment: Age Discrimination in Employment Act—burden of proof for reasonable factor other than age.

Dean Transportation, Inc. v. National Labor Relations Board (D.C. Cir.) - Merits Brief
Labor: National Labor Relations Act—union representation after privatization—maintaining options for school boards

Crawford v. Metropolitan Government of Nashville and Davidson County (U.S. Sup. Ct.)
Employment: Title VII—scope of opposition and participation anti-retaliation protection

NSBA Amicus Brief Abbeville County School District v. South Carolina (S.C.)
Finance: How state courts have evaluated funding adequacy claims under state constitutions.

NSBA Amicus Brief - Forest Grove School District v. T.A. (U.S. Sup. Ct.)
IDEA: tuition reimbursement—child who has not previously received special education services from school district

Disability Law Center of Alaska v. Anchorage School District (9th Cir.)
FERPA/ IDEA: authority of P&A groups to access confidential student records protected by federal law

Fitzgerald v. Barnstable School Committee (U.S. Sup. Ct.)
Sex discrimination: Title IX pre-emption of section 1983 constitutional claims in peer harassment case

NSBA Amicus Brief - Safford Unified Sch. Dist. #1 v. Redding (U.S. Sup. Ct.)
Fourth Amendment: strip searches for prescription drugs; qualified immunity

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