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Following the school shootings at Marjory Stoneman and Santa Fe High Schools, President Trump established an executive Commission on School Safety. The Commission’s members were Betsy DeVos, U.S. Secretary of Education, Kirstjen Nelson, Secretary of Homeland Security, Alex Azar II, Secretary of Health and Human Services, and Matthew Whitaker, Acting Attorney General. The Commission was charged with producing policy recommendations in an effort to help prevent future tragedies. After conducting field visits, listening sessions, and meeting with state and local leaders, the Commission issued a report calling for, among other things, “more threads of love, empathy, and connection” in our…
Continue Reading An Overview of the Key Findings from the Federal School Safety Commission Report

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On the one year anniversary of the lives lost in the Parkland, Florida school shooting, our thoughts go out to the families, friends and all those impacted by last year’s tragedy. School safety is a top priority and Husch Blackwell’s Education team is hosting a School Safety Symposium featuring guest speaker , former FBI agent, who specializes in threat responses and assessment. Learn more and register here: https://lnkd.in/eWwjiH7
Continue Reading School Safety Symposium – April 12, 2019

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On January 7, 2019, the Supreme Court of the United States denied certiorari in Ferguson-Florissant School District v. Missouri Conference of NAACP.  This case involves the Ferguson-Florissant School District (“FFSD”), a St. Louis area school district created after a 1975 desegregation order required the original FFSD to annex two neighboring school districts “to achieve a meaningful desegregation” within one unified district. United States v. Missouri, 515 F.2d 1365, 1366 (8th Cir. 1975) (en banc).

This lawsuit challenged FFSD’s method of electing school board members. The suit alleged that the at-large, popular vote, system, in which people only vote once for…
Continue Reading U.S. Supreme Court Declines Review of Ferguson-Florissant School District v. Missouri Conference of NAACP

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The Department of Education (“ED” or the “Department”) issued its long-awaited Notice of Proposed Rulemaking[1] to amend regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”) on November 29, 2018. Comments to the proposed regulation are due on or before January 30, 2019. Here are ten notice requirements the proposed regulation would impose on elementary and secondary schools if they become final.

  • Notice of a Formal Complaint (Section 106.45(b)(2))

    • “Upon receipt of a formal complaint,” a school must provide written notice to the parties of the recipient’s grievance procedures and of the allegations. This notice:

    • must

    …
    Continue Reading 10 Notice Requirements in the Department of Education’s Proposed Title IX Regulations

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    The Department of Education (“ED” or the “Department”) issued its long-awaited Notice of Proposed Rulemaking to amend regulations implementing Title IX of the Education Amendments of 1972 (“Title IX”) on November 29, 2018. As the Department has acknowledged, the proposed rules would adopt standards that significantly depart from those set forth in prior ED regulations and guidance under Title IX. Although much of the debate regarding the proposed rules has focused on institutions of higher education’s treatment of sexual harassment, the proposed rules also would significantly impact elementary and secondary schools. Husch Blackwell’s education team offers the following overview of…
    Continue Reading Department of Education Issues New Title IX Regulations: What this Means for Elementary and Secondary Schools

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    In light of the 2017-2018 U.S. Supreme Court term ending and the 2018-2019 Supreme Court term beginning with new Justice Brett Kavanaugh, school district personnel must be mindful of the recent Supreme Court holdings and significant cases the Court may hear this term.Interested in learning more about these cases and Justice Kavanaugh?  If you are a Husch Blackwell client or a member of the Council of the Great City Schools, join us next Monday, December 10, at 2:30 Eastern Daylight Time for a complimentary continuing legal education webinar.  Click here to register.
    One of the cases we will discuss is…
    Continue Reading The Supreme Court with Justice Kavanaugh: What Might Recent and Future Cases Mean for Urban Education?

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    D.C. Circuit Judge Brett Kavanaugh was nominated on July 9, 2018 to the Supreme Court by President Donald Trump. Should he be confirmed, his appointment could have far reaching effects to educational entities across the country. Kavanaugh is a strong proponent of religious liberty and second amendment rights, and has issued a variety of high-profile opinions.
    Kavanaugh’s Background

    Kavanaugh, a former law clerk to retiring Justice Kennedy, was also an author of the Starr Report, which urged the impeachment of President Bill Clinton. After the 2000 U.S. presidential election, Kavanaugh joined President George W. Bush’s staff, where he led the…
    Continue Reading Supreme Court Nominee Judge Brett Kavanaugh & Education Law