2009 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 Committee for Educational Equality v. State of Missouri (Mo.)
Finance: Adequacy of state funding of schools under Missouri constitution; how other state courts have evaluated funding adequacy claims under state constitutions. Brief filed by Missouri School Boards’ Association, prepared by Education Justice at Education Law Center, and also joined by the Rural Schools and Community Trust. Filed 1/26/2009.

Safford Unified School Dist. #1 v. Redding (U.S. Sup. Ct.—Merits)
Fourth Amendment: strip searches for prescription drugs; qualified immunity. Filed 3/4/2009.

NSBA Amicus Brief - Forest Grove School Dist. v. T.A. (U.S. Sup. Ct.—Merits)
IDEA: tuition reimbursement—child who has not received special education services from school district. Filed 3/4/2009.

NSBA Amicus Brief - Gross v. FBL Financial Services (U.S. Sup. Ct.)
Age Discrimination in Employment Act: burden of proof--mixed motive instruction. Filed 3/4/09.

NSBA Amicus Brief - El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.)
IDEA: Settlement offer –enforceability without court review; mootness of lawsuit seeking same relief as rejected settlement offer. Filed 3/12/09.

Horne and Speaker of the Arizona House of Representatives v. Flores (U.S. Sup. Ct.)
Equal Educational Opportunities Act: Adequacy of State funding of English Language Learner programs—interpretation of “appropriate action” requirement; effect of NCLB on EEOA. Filed March 25, 2009.

Perdue v. Kenny A. (U.S. Sup. Ct.)
Section 1988: Attorneys’ fees--Enhancement award based on quality of representation and results achieved. Filed June 29, 2009.

Marshall Joint School District No. 2 v. C.D. (7th Cir.)
IDEA: eligibility for special education—determination of whether child’s health condition adversely affects educational performance. Filed August 21, 2009.

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