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 warnings went unaddressed, and our main cases focused on the 2021 tragedy at Oxford High School in Michigan, where courts ultimately rejected constitutional claims against school officials. Through these cases, we break down the difference between negligence and constitutional liability, explain why the “state-created danger” doctrine sets such a high bar, and explore how courts evaluate school safety decisions based on what officials reasonably knew and when they knew it...not based on hindsight. This episode isn’t about blame or perfection; it’s about understanding how the law views action, inaction, and responsibility in the most difficult circumstances school communities may ever face.

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Check out our updated website (⁠www.chalkandgavel.com⁠) to: sign up for our newsletter, support the show, find our teaching guide, and order some NEW MERCH.

Don't forget - ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Help us spread the word!

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Keywords: school safety, educator liability, education law, podcast, negligence, school violence

#educationlaw #k12 #podcast #ChalkandGavel #StudentSafety #Negligence

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 timely and relevant case! We’re talking about the constitutionality of an Arkansas law designed to regulate how educators in the state teach and discuss sensitive subjects like race and gender. As we all know, these kinds of laws have popped up all over the place over the last few years, and in many cases, they’ve had some pretty chilling effects on what happens in classrooms. Whether these laws allow you to engage specific topics or ideas, the dialogue around all of this stuff is loud, often confusing, and pretty emotionally charged… leading lots of folks to self-censor, even when they may not have to. So, we’re going to unpack Walls v Sanders on today’s episode. We also discuss recent efforts to reduce staff at the Department of Education's Office of Special Education Programs and the implications for federal special education law, like the Individuals with Disabilities Education Act (IDEA).

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Please check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, find our teaching guide, check out OUR NEW MERCH, and for ways to support the show!

Lastly, some exciting news! ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Check us out and spread the word!

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Keywords: Curriculum, First Amendment, Anti-CRT Laws, Government Speech, U.S. Department of Education

#educationlaw #k12 #podcast #ChalkandGavel #CurricularGagOrders

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! And it’s safe to say that we’ve had several potentially consequential ones lately. This Court has not been too shy about taking up some big issues over the last decade or so. And we’ve finally, for better or worse, come to the first Supreme Court case about transgender student athletes. We’re talking about the case of Becky Pepper Jackson (BPJ), a transgender girl, who was barred by state law from participating on a girls’ sports team. This went back and forth in the lower courts, with BPJ ultimately winning at the 4th Circuit Court of Appeals. West Virginia wasn’t happy with that, so they petitioned the Supreme Court, which agreed to take up the case along with another similar case, Little v. Hecox. So, here we are. At the time of this recording, the date for oral argument hadn't been set, but we now know it's set for January 13! We’re going to give you all the background today, so you’re ready to ride this roller coaster with us during this Supreme Court session! We also talk about a case out of Michigan involving some students who got in trouble for wearing "Let's Go Brandon" shirts to school.

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Please check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, for our teaching guide, OUR NEW MERCH, and for ways to support the show!

Lastly - some exciting news: Chalk and Gavel was selected to record a live episode at SXSW-EDU in March! We're pumped about this one!

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Keywords: Transgender Student Athletes, LGBTQ Issues, Title IX, Equal Protection Clause, First Amendment, Student Free Speech

#educationlaw #k12 #podcast #ChalkandGavel #LGBTQ