How and when should schools distinguish between teenage banter and offensive language? How does extensive media attention impact the handling of sensitive incidents in schools? In this episode, we tackle a case that you might have heard about. The story went viral and sent shockwaves through a Kansas City community. This is the case of Plaintiff A v Park Hill School District. You might know it as the incident where some students started a Change.org petition to reinstate slavery. The students were ultimately disciplined, and they challenged their discipline as violating their free speech, due process, and equal protection rights. We also discuss the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which has the potential to fundamentally alter the balance of power between executive agencies, the legislature, and courts. --- We're building a Teaching Guide! You can check it out at our website, ChalkandGavel.com. We'd also greatly appreciate it if you would consider showing your support for Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us keep delivering the education law content you want to hear! ⁠https://www.patreon.com/chalkandgavel --- Keywords: Student Speech, Racism, First Amendment, Due Process, Equal Protection, Fourteenth Amendment, Bullying and Harassment, Chevron, Administrative Law, Balance of Powers

When can parents be criminally prosecuted for failing to send their kids to school? What role do teachers and administrators play in addressing school non-attendance and truancy? In this episode, we’re cutting class to dive into the murky waters of student absenteeism with the case of the State of Missouri v. Williams. While truancy cases don’t really grab the headlines like student protests (or the state of Florida), they do prompt us to think pretty hard about those fundamental questions regarding the role of the state in education and family life. Missing school can come with a hefty price tag. From school bells to jail cells, truancy is anything but trivial. We also discuss the emerging and pressing issue of AI deepfakes in schools.

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We're building a Teaching Guide! Check it out here.

We'd also greatly appreciate it if you would consider showing your support for Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us keep delivering the education law content you want to hear! https://www.patreon.com/chalkandgavel Keywords: Truancy, Chronic Absenteeism, Compulsory Attendance, State Law, Criminal Law, Artificial Intelligence, Deepfakes

When are student sit-ins protected by the First Amendment? How can coaches maintain team cohesion and discipline without becoming draconian? Why is it always the cheer squad? In this episode, we tackle the case of Gonzales v. Burley High School, a fascinating case involving a new cheer coach and some very displeased cheerleaders. This one is pretty wild. It has to do with students being punished for protesting, but wait, there's more! It also has favoritism, retribution, grudges, and a coach's rulebook that reads more like a dictator's manifesto than a cheerleading guidebook. It's got a laundry list of discipline, but it's also got a little youth resilience in the face of injustice. Grab your pompoms. This episode has a lot of S.P.I.R.I.T. We also discuss an update on the Mahmoud v. McKnight case that we covered in Episode 12: LGBTQ-Inclusive Books and Parental Rights, dealing with a district's decision to remove parents' ability to opt out of the use of newly adopted LGBTQ-inclusive texts in the elementary school classroom. Keywords: First Amendment, Free Speech, Student Protest, Extracurriculars, Student Discipline, Parental Rights, LGBTQ, Religion

When can schools be held legally responsible for failing to address student sexual harassment? What's in the Biden Administration's new Title IX regulations? In this special themed episode, we talk about all things Title IX! For our bellringer, we talk about the new Title IX regs and how they increase protections for LGBTQ+ individuals as well as streamline investigations of sex discrimination and sexual harassment. We then do a deep dive into the Supreme Court case of Davis v. Monroe County Board of Education, which set the standard for when schools must respond to allegations of peer-to-peer sexual harassment. Keywords: Title IX, Sex Discrimination, Sexual Harassment, LGBTQ+, Due Process, Administrative Regulations, Spending Clause

What is an 'appropriate' education for students with disabilities under the Individuals with Disabilities Education Act? How many acronyms are too many acronyms? In this episode, we are thrilled to be joined by Dr. Janet Decker, a school law professor and expert in special education law, to discuss Endrew F. v. Douglas County School District. This case raised the bar for when an IEP provides students a FAPE under the IDEA. See what we mean about the acronyms? We also talk about recent developments in a lawsuit challenging Florida's law that prevents teachers from using pronouns that differ from their sex assigned at birth. Keywords: Special Education Law, Students with Disabilities, Individuals with Disabilities Education Act, Free Appropriate Public Education, LGBTQ+, First Amendment

When can schools curtail students' political speech? Can a student be paddled for simply writing "Trump 2016" on a classroom whiteboard? We discuss T.S. v. Talladega County Board of Education, a fascinating case about a school navigating the political tensions following the 2016 presidential election. This one has it all! Politics, free speech, discipline, corporal punishment, and, of course, Ricky Bobby quotes. We also talk about recent efforts to promote diversity in Seattle Public Schools and a new law in West Virginia that we term a "hydra law" because it cropped up after previous efforts to inject creationism into schools had failed. Keywords: First Amendment, Political Speech, Due Process, Student Discipline, Corporal Punishment

When can school officials search students' belongings? In this episode, we branch out into the world of true crime! We go back to the early 80s to discuss the landmark Supreme Court case that defined the boundaries of privacy and authority in schools. We discuss New Jersey v. TLO, a delinquency case involving a search of a 14-year-old freshman's purse that continues to influence how we balance students’ rights with school authority. We also talk about a recent settlement in one of the cases challenging Florida's Parental Rights in Education Act, or as it's commonly known, "Don't Say Gay." Keywords: Fourth Amendment, Search and Seizure, Student Discipline, Cigarettes and Drugs, Educational Gag Orders, LGBTQ