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 hockey in their school-sanctioned club sports program. We’re going to dive into some of the intricacies of Title IX in the 2022 case of Brooks v State College Area School District. We also discuss a fascinating and troubling email sent out by the Oklahoma State Superintendant of Public Instruction announcing the creation of the Office of Religious Liberty and Patriotism within the Oklahoma Department of Education. -- Need some education law content for your courses or professional development? We have a Teaching Guide! You can check it out at our website, ChalkandGavel.com. We'd also greatly appreciate it if you would consider supporting Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us continue to deliver the education law content you want to hear! ⁠https://www.patreon.com/chalkandgavel --- Keywords: Hockey, Female Athletics, Title IX, Sex Discrimination, Equal Opportunity, Preliminary Injunction, Oklahoma, Establishment Clause, Freedom of Consciousness

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 involving a first-grade student who, after a lesson about Martin Luther King Jr., gave a “Black Lives Matter” drawing to her friend and was disciplined by the school for including the phrase "any life" on the drawing. Listen in as we unpack some of the really interesting things the trial court had to say about the free speech rights of some of our youngest students. We also discuss an update on the Parents Defending Education v. Olentangy Local School District case that we covered in Episode 4. This is the case where the trial court declined to halt the enforcement of a school policy forbidding the intentional misgendering of transgender students. After a panel of the Sixth Circuit upheld the trial court's decision, the Sixth Circuit agreed to hear the case en banc, meaning that all sixteen active judges will now hear the case. -- 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 supporting Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us continue to deliver the education law content you want to hear! ⁠https://www.patreon.com/chalkandgavel --- Keywords: Elementary Students, Free Speech, First Amendment, Black Lives Matter, Parental Engagement, Transgender Students, En Banc

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 getting injured. From a basketball drill gone wrong to an errant baseball throw, what happens when a school allegedly “drops the ball” with school safety? These are the cases of Secky v. New Paltz Central School District and Grady v. Chenango Valley Central School District. Game on! We also discuss a recent injunction that prevents Louisianna from implementing their new law that would have required all classrooms in the state to post the Ten Commandments. -- 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 supporting Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us continue to deliver the education law content you want to hear! ⁠https://www.patreon.com/chalkandgavel --- Keywords: Torts, Negligence, Student Athletes, Assumption of Risk, Baseball, Basketball, Establishment Clause, Ten Commandments

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 of a young student with disabilities whose parents were not too pleased with his school’s determination of how much inclusion in the general education classroom was appropriate. This case wrestles with the messy intersection of parent, school, and student rights, namely how much say schools should have in determining the placement of students with disabilities. How much say should parents have? And how involved should the courts get? Who gets to decide? This is P. ex rel Mr. and Mrs. P. v Newington Board of Education, a case about the Least Restrictive Environment provision in the IDEA. We also discuss some recent Supreme Court updates, including two education related cases the court will not be hearing this term. -- 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 supporting 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: Students with Disabilities, Individuals with Disabilities Education Act, Least Restrictive Environment, Inclusion, Due Process

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 us call it, the "Bong Hits 4 Jesus" case! Stick around as we head up to Juneau, Alaska, as the 2002 Olympic torch heads through the town and high school students are allowed to go check it out as it passes. As it passed, and the TV news cameras rolled, high school senior Joseph Frederick and his friends held up a 14-foot banner that said, you guessed it, "Bong Hits for Jesus." We also discuss a new entry into the ongoing legal debate about increasing diversity at elite magnet schools. -- 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 supporting 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 If you crave more education law content and want to meet other folks who share your passions, we encourage you to check out the Education Law Association! ELA's annual conference is coming up on November 6-9 in sunny Orlando, Florida. Find more information at https://www.educationlaw.org/ --- Keywords: Bong Hits 4 Jesus, First Amendment, Student Speech, Illegal Drugs, Fourteenth Amendment, Equal Protection, Diversity, School Admissions

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 interesting legal battle with some fascinating implications. We have a student who got caught with marijuana crumbs in his truck and was expelled in the last few days of the fall semester of his junior year. As part of the expulsion, the school denied the student academic credit for the entire fall semester, even though he only had 3 days left when he was expelled and otherwise would have passed some of his courses. This is the case of South Gibson School Board v. Sollman. We also discuss a recent report about potential racial bias in AI detectors. --- 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 supporting 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 If you crave more education law content and want to meet other folks who share your passions, we encourage you to check out the Education Law Association! ELA's annual conference is coming up on November 6-9 in sunny Orlando, Florida. Find more information at https://www.educationlaw.org/ --- Keywords: Student Discipline, Search and Seizure, Illegal Drugs, Zero Tolerance, Academic Credit, Statutory Interpretation, Artificial Intelligence

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 teacher who challenged his district’s student name and pronoun policy. The policy required teachers to address students by the names and pronouns listed in the district’s database, and it allowed parents and students to self-select those names and pronouns. Kluge’s refusal to follow the policy, guided by his faith, led to (another) legal battle over religious rights in school. Plus a lot more; this case has it all… Free speech, free exercise, due process, Title VII, equal protection, fraud. You name it! We also discuss the importance of legal literacy in an update on the Oklahoma Superintendent's directive that instructed public schools to display the Ten Commandments and use the Bible in instruction. --- 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 supporting 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 If you crave more education law content and want to meet other folks who share your passions, we encourage you to check out the Education Law Association! ELA's annual conference is coming up on November 6-9 in sunny Orlando, Florida. Find more information at https://www.educationlaw.org/ --- Keywords: Transgender Students, Names and Pronouns, Teachers' Rights, First Amendment, Free Speech, Free Exercise, Title VII, Undue Hardship, Religious Liberties, Establishment Clause, Legal Literacy

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 Twitter activity sparked a firestorm in the community. In this episode, we're diving into the case of Durstein v. Alexander, a legal battle that challenges the boundaries of free speech for educators and explores what happens when personal beliefs collide with professional responsibilities. We also discuss a recent wave of cell phone bans in K-12 schools. --- 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: First Amendment, Free Speech, Teacher Speech Rights, Teacher Discipline, Social Media, Politics, Prior Restraint, Heckler's Veto, Qualified Immunity, Cell Phones