Chalk and Gavel: An Education Law Podcast

Jamie and Chris return for the third episode on the Mahmoud v. Taylor case! This time, we break down the recent Supreme Court Decision that came out at the end of the term. It was an interesting decision made by the Court's conservative majority, adding another (ambiguous) layer to decades of parental rights and school curriculum case law. We also discuss the AJT v. Osseo Supreme Court decisio...

What does the Family Educational Rights and Privacy Act, or FERPA, say about the practice of peer grading? When does something become an “educational record” protected under FERPA? Do you think the people who wrote FERPA knew we were going to call it 'FERPA'? Couldn’t they have come up with a better acronym? This is our first FERPA episode! This is the law that’s designed to protect the pr...

Can the U.S. Department of Education require schools to stop all DEI programs and activities? What do they actually mean when they say “DEI?” Are you ready to go three rounds on the injunction junction? We’ve got a three-fer for you today. Three cases for the price of none! We’re covering how three courts are dealing with the Trump Administration’s education directives to curtail DEI programs and...

When can a school dismiss a teacher for good or just cause? What happens when a teacher’s iPhone with some, let's say, risque pictures, automatically syncs with his district-issued iPad? What could possibly go wrong? We've got another interesting case here today! This one involves a teacher who took some “naughty” pictures on his personal iPhone while on vacation, which later happened to b...

Is a charter school a public school? Does the Free Exercise Clause require taxpayers to fund charter schools that teach religion as truth? Is a charter school just a private organization with a state contract, or is it a state actor or even a governmental entity? Is Oklahoma on the brink of establishing the country’s first religious public school? Today, we’re tackling the oral arguments from anot...

Does it burden a family’s religion to have their child exposed to views with which they disagree? Where is the line between exposure and coercion? Who gets to draw that line? Should public schools be a place where students encounter and acknowledge a variety of viewpoints, even if they don’t agree with them? Or should parents have the power to opt their kids out of anything that might conflict wit...

    Sheet1 Sheet2When can educators use materials created by someone else? What happens when a teacher creates a learning activity packet for her class that includes 11 pages copied straight from a copyrighted work? What do Chris and Jamie know about cake decorating? Turns out, not much (except what we've learned from The Great British Baking Show and Nailed It!). In this episode, we’re going...

What happens when a student with a disability graduates high school with a 3.4 GPA but is unable to read? When does an Individualized Education Program provide a Free and Appropriate Education as required under the Individuals with Disabilities Education Act? Are you ready for another round of special education acronym bingo? We were ready AF. This is the case of William A. v. Clarksville-Montgome...

When can schools punish students for the unauthorized use of AI? Is the use of AI sufficiently covered by schools’ existing academic integrity policies? Today, we’re covering a very recent case from November of 2024. Imagine a student using an AI chatbot to help them with their homework. It's almost inconceivable, right? Sure, of course. This is Harris v. Adams, a case involving a student who...

When are public high schools required to officially recognize student groups? Can a school stop students from forming a Gay-Straight Alliance? In today's episode, we’re covering a 2003 case that allows us to lay out lots of the characteristics and guidelines of the 1984 Equal Access Act. This case concerns a proposed Gay-Straight Alliance club that was denied the opportunity to operate like th...

What happens when a state fails to meet its constitutional obligation to provide all students with a sound basic education? If a court tells the state that it’s failing to appropriately fund public schools, how do we fix it within our system of checks and balances? In this episode, we’re joined by school finance expert and all-around super dude Eric Houck to help us make sense of the Leandro case,...

When do a school district’s employment decisions violate Title VII’s prohibition against racial discrimination in employment? Where is the line between interpersonal conflict and impermissible retaliation? What happens when local politics run a muck in a school district? In this episode, we unpack a rather complex case with a ton of history to it. While this is primarily a case about a principal w...

What does the Constitution say about how schools should navigate situations where a student and their parents disagree about the student’s gender identity? How can schools promote the interests of LGBTQ students while also respecting parental rights? This is a tricky subject, and it often puts schools in a sticky situation. Which is why we’re doing this podcast, right? To help educators un-stick t...

Do students have First Amendment rights to avoid potentially controversial school assignments and activities? When does a school assignment cross the line between legitimate educational activity and being inappropriate? Today’s case is about a Las Vegas high school drama teacher who “rolled the dice” and asked students to write a monologue and have it performed in front of the class. But here's th...

Happy New Year! To celebrate, we've got something a little different for you! We've gone live to kick off the Education Law Association's 2024 Annual Conference. This is "Not Your Typical Ed Law Update!" We're thrilled to be joined by Tiffany Puckett and Suzanne Eckes to share some interesting, wild, and unbelievable stories in education law. Whether it's a promposal gone wrong or sword fighting i...

What does Title IX require of schools to ensure equal athletic opportunities for the sexes? When do schools need to recognize student demand and create new athletic opportunities for female athletes? In today's episode, we’re taking the ice with another athletics case! This time, we’re skating our way through a Title IX claim involving some female athletes who were denied the opportunity to play h...

What First Amendment rights to free speech do students have in the elementary school classroom? How can schools teach the essential values of kindness, tolerance, and respect for others? In our first-ever live episode, recorded at the Education Law Association's Annual Conference in front of a "live studio" audience, we discuss B.B. v. Capistrano Unified School District. This is a recent case invo...

When are schools legally responsible for student injuries during athletic activities? Where is the line between a creative drill and an unnecessary risk? Was the school out of bounds? It’s no slam dunk, but these cases might have you crying foul! Today's episode is a double-header! We’re heading down to the athletic department to talk about two cases where sports practices resulted in students get...

What does the law say about the appropriate placement for students with disabilities? What happens when parents and schools disagree about a student’s IEP? Who's ready for more special education acronyms? We are because today we’re talking about when, under the IDEA, a PPT’s IEP, considering a student’s FBA and ATE, provides FAPE in the LRE. That’s right, we’re going to cover the interesting case...

Can schools censor student speech that promotes illegal drug use? What authority do schools have to regulate student speech that contradicts the educational goals of the school? How do you celebrate your one-year anniversaries? In honor of Chalk and Gavel’s 1st anniversary, we’re going back about 20 years to cover a classic! This is a landmark Supreme Court case, Morse v Frederick… or as most of u...

Can a school deny academic credit as part of school discipline for work that has already been completed? How far does a school’s authority go? At what point during the semester should you play it safe and leave your marijuana at home? In this episode, we go back to South Gibson High School in Indiana in 1998, where a zero-tolerance drug policy set off a chain of events that sparked a pretty intere...

What happens when a teacher’s religious beliefs clash with a district's policy to support transgender students? When are schools legally required to accommodate teachers’ sincerely held religious beliefs? In this episode, we discuss Kluge v. Brownsburg Community School Corporation, a controversial case that rocked an Indiana school district. You’ll hear about John Kluge, a high school music te...

When can a school discipline a teacher for their social media use? What happens when a teacher’s problematic tweets go viral? Imagine waking up to an email detailing a teacher’s history of retweeting and commenting on some rather controversial posts. That's exactly what happened to a West Virginia school board’s communications director when one of the district’s high school teacher's Twitt...

Welcome to our 25th episode! To celebrate, we invited Supreme Court and education law reporter Mark Walsh back to discuss the Supreme Court's 2023-24 Term and look forward to next year's docket. We discuss the Court's cases from this past year that could impact education, including O’Connor-Ratcliff v. Garnier (which dealt with public employees blocking individuals from their social me...

What’s the difference between creative discipline and excessive punishment? How does a five-minute punishment set off six years of litigation? What does the law say about fastening students to trees? It's definitely frowned upon! But that’s exactly what happened in today’s case, Doe v. the Hawaii Department of Education. This is the story of how a vice principal got into a sticky situation by...