Chalk and Gavel: An Education Law Podcast

When should social media companies be held legally responsible for the harms their platforms allegedly cause students? And what happens when schools find themselves bearing the costs of a mental health crisis they didn't create? In this episode, we examine the massive multidistrict litigation, In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , in which scho...

When does teaching about religion become teaching religion? And after recent Supreme Court decisions, does that line even still exist? In this episode, we dive into Hilsenrath v. School District of the Chathams , a case involving a middle school world cultures class and a parent's claim that lessons on Islam crossed the constitutional line. The case forces courts (and educators) to grapple wit...

Can a state stop schools from notifying parents when a student socially transitions at school? And what happens when those school-based decisions collide with educators’ legal obligations and families’ constitutional rights? In this episode, we take a deep dive into Mirabelli v. Bonta , the high-profile California case challenging state guidance that prohibited schools from disclosing a student’s...

What happens when school safety measures collide with student rights? In this episode, we cover Vernonia School District v. Acton, a pivotal case that examines the balance between student privacy and school safety. The Supreme Court's decision on random drug testing for student-athletes raises critical questions about the Fourth Amendment and the concept of "reasonableness.” We also explo...

What happens when student speech leaves campus—but crashes right back into the school environment through social media? In this episode, Chris and Jamie are recording the same room for about the 4th time to unpack Kutchinski as next friend to H.K. v. Freeland Community School District , a case involving a student-run fake Instagram account impersonating a teacher and posting a stream of vulgar, th...

What happens when you zoom out from individual court cases and start to see the bigger legal forces reshaping schools in real time? In this special live episode recorded at SXSW EDU, we step back from our usual case deep dives to explore what we’re calling a potential education law sea change —a moment where legislation, litigation, and policy shifts are collectively redefining what schools are, w...

What happens when student speech collides with evolving understandings of identity—and school efforts to protect students? In this episode, we examine L.M. v. Town of Middleborough , a recent First Amendment case involving a middle school student who was told to remove a shirt stating “there are only two genders.” School officials argued the message violated their dress code prohibiting hate speec...

Get excited (and we're sorry in advance)! This case might be the best setup for dad jokes we’ve ever had on this show. What happens when an assistant principal gets fired for reading the kids’ classic, “I need a new butt,” to hundreds of second graders? Well, a court might question whether that termination passes the smell test, because something smells rotten about this decision! This is the...

You know what we miss? With everything happening at the federal level, we haven’t talked about Oklahoma in ages. Well, today we're doing something about that! Today’s case deals with Oklahoma, school libraries, allegations of “sexualized” material, and a state superintendent determined to enforce new rules about what students can and cannot read. But this one isn’t just about book bans. It’s a...

Can a state, like say, South Carolina, consistent with its state constitution, create a school choice program that allows families to pay for private school tuition from a state-funded education savings account? That's right, today we're doing a completely apolitical case. Just kidding! That would be a nice change, but this is education law; everything is political! So today, we're tal...

What happens when district officials censor a student’s article for the high school newspaper because they don’t like what it says? Probably nothing good. Some people might consider that viewpoint discrimination and frown on that sort of thing. On today’s episode, we’re going to talk about a pretty interesting case from about 20 years ago that pitted a high school student journalist against her sc...

It’s time to cover the oral arguments in the transgender student athlete cases! Which means we need some expert guidance, and who better to join us than Dr. Suzanne Eckes? This is one we’ve talked about before, but can states prohibit transgender girls from playing on the girls team? We first covered BPJ v. West Virginia in episode 57. In that case, Becky Pepper-Jackson, a transgender girl, challe...

What happens when a principal’s retirement gift to a friend causes a community uproar? In this episode, we discuss the case of Stirling v. North Slope in which a principal made a questionable gift, on a school printer, that resulted in him getting fired. While that may not sound so bad, the gift repurposed the school's official motto and logo in ways the community found problematic. Well, the...

Live from Kansas City (well, recorded live at the Education Law Association conference in Kansas City), we've got a special episode for you today. We're going behind the scenes of Chalk & Gavel to answer your questions about the show and education law! To help us out, we're joined by friend of the show, Dr. Janet Decker. Ever wondered how the show gets made or how to successfully n...

When warning signs of violence appear in a school, what does the law actually require educators to do? And when tragedy occurs, who can be held legally responsible? In this episode, we examine how courts are addressing these questions through two recent and legally significant cases: Our Bellringer covers the Virginia case in which a jury found an assistant principal negligent after repeated warni...

Can a state forbid the teaching of Critical Race Theory? Do students’ First Amendment rights to receive information place limits on state curricular decisions? Are you ready for some “1984” George Orwell references, because Chris calls today's decision "double-plus ungood." That's right, it’s a bright cold day in November, and the clocks are striking 13. Again. This is another ti...

Can a state prohibit transgender students from participating on teams that align with their gender identity? Does Title IX, a law that was passed in 1972 and says nothing about transgender individuals, protect those individuals in 2025? Are you ready to talk about our next Supreme Court saga? On today’s episode, we’re going to talk about another consequential education-related Supreme Court case!...

What happens when parents challenge the inclusion of books in the school library, and the school engages in its clearly stated procedures? How should we balance parents’ rights and students’ rights? How quickly can a school board reverse one of its own decisions? Well, this one wasn’t as quick as the reversal in the Mahmoud case (which was like 24 hours). This one was like a month, but still. Toda...

Under the First Amendment, can schools punish students for their lewd and indecent speech? What happens when a student delivers a speech full of sexual innuendos to a required assembly of 600 high school students? How should schools respond when a high school speech sounds more like a late-night comedy set? Welcome to our two-year anniversary episode!! We’re going to stay true to form and cover an...

When are educators required to report suspicions of child abuse and neglect as mandatory reporters? Are unsubstantiated rumors enough to create a reasonable suspicion of child abuse? Ready to hear Chris get on his soapbox? Today, we're covering a fascinating case for all educators, especially teachers. This is the kind of thing that anyone in a school setting could easily encounter. This is a...

When can a school, consistent with the First Amendment, non-renew an employee for their speech? What happens when the High School Football coach doesn’t like his daughter’s middle school social studies curriculum? Are you ready for some... facts that have nothing to do with football? While we're great at talking about sports, this case has nothing to do with football and everything to do with free...

When can schools expel a student for lying? What happens when a student’s initial lie snowballs into a tangled web of police reports, intimidation, and false accusations? We’ve talked about smoking in the girls’ room, but what about vaping in the girls’ room? In this episode, we bring TLO into the 21st century. TLO was about smoking in the girls' room, but what happens when a student is accused of...

Can a state require that the Ten Commandments be posted in every classroom? What does the Establishment Clause mean these days with the rise of the Free Exercise Clause and the impact of Kennedy v. Bremerton? Do you ever get deja vu? We do, because we swear we've already had this conversation. Today, we're discussing a recent case challenging Louisiana's requirement that every classroom display a...

We've got a special episode for you to celebrate our 50th episode! We're joined by none other than Mary Beth Tinker, one of the plaintiffs in the famous 1969 Supreme Court case, Tinker v. Des Moines Independent Community School District. We've talked about Tinker so many times on this show; this is the case that set the standard for students’ free speech rights in schools. And to help...

Can schools control what students say at student protests? When is a student walkout a school-sponsored event? What’s the first rule about protesting against gun violence in schools? Apparently, the first rule of protesting gun violence is “don’t talk about gun violence.” At least according to the Shawnee Mission School District. Today’s case is another First Amendment student speech case. We’re h...