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

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. Today, we’re covering a case that was ruled on in April out of New York. This case involved library books being challenged, a subsequent review process taking place, and a board decision to ultimately keep the books on the shelves. Teachers and school leaders, this is an excellent case, and it shows what can happen when a robust school board procedure is followed properly. This is the case of Moms for Liberty of Wayne County v NY State Education Department. Spoiler Alert: Moms for Liberty lost this one. Listen to find out why! We also talk about updates to the ongoing litigation on Louisianna's Ten Commandments law as well as the Kluge v. Brownsburg case involving the teacher who was fired for refusing to use transgender students' names and pronouns.

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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 & Gavel by becoming a subscriber on our website. Your support will help us continue to deliver the education law content you want to hear! ⁠⁠https://www.chalkandgavel.com/support-the-show

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Keywords: School Libraries, First Amendment, Controversial Curriculum, Parental Challenges, Procedures, Ten Commandments, Transgender Students

#educationlaw #k12 #podcast #ChalkandGavel #LibraryBooks #FirstAmendment

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 another landmark Supreme Court case for you. (What will we do when we run out of landmark education law cases from the Supreme Court? Given today's political context, we probably won't!) Today's case is one of our favorites. This is a case about a student's speech at an assembly that went from persuasive to provocative to potentially pornographic. This is the famous Supreme Court case, Bethel School Dist. v. Fraser, from 1986. We also talk about a new ACLU lawsuit that is a statewide challenge to Texas's 10 Commandments law.

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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 & 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

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Keywords: Students' Rights, First Amendment, Student Speech, Bethel v. Fraser, Lewd and Indecent Speech, Due Process, Student Discipline, Religion and the Public Schools

#educationlaw #k12 #podcast #ChalkandGavel #StudentRights

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 case of a school counselor who was informed by a student about a possible inappropriate relationship between a teacher and another student, but that counselor didn’t report it to her supervisors or to child protective services. Well, some more things came to light. She got fired. She filed a lawsuit. And the court said some… interesting things about all of it. Today's case is Small v Streater Township High School District. We also talk about a recent case out of Virginia, NCAA v. Shenandoah County School Board, in which a court held that students' First Amendment rights to be free from compelled speech were violated when students were required to wear school uniforms with a highly symbolic name, "Stonewall Jackson Generals," after the school district reinstated that name following a protracted conflict in the community.

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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 & 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

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Keywords: Mandatory Reporter, Child Abuse, Teachers, Labor and Employment, Contract Termination, Due Process, First Amendment,

#educationlaw #k12 #podcast #ChalkandGavel #Teachers

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 speech. Our case today is a recent decision from Massachusetts regarding a football coach who had issues with his daughter’s middle school social studies curriculum, which led to conversations, emails, and ultimately, more significant problems, such as his non-renewal. This is the case of Flynn v. Forrest. We also discuss a recent decision in South Carolina NAACP v. Weaver, regarding South Carolina's divisive concepts law.

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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 & 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

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Keywords: Free Speech, First Amendment, Teachers, Parental Advocacy, Labor and Employment, Nonrenewal

#educationlaw #k12 #podcast #ChalkandGavel #FreeSpeech #Teachers

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 vaping in the girls' room? And then what happens when the student makes a bad situation worse by lying, accusing a teacher of impropriety, and intimidating a fellow student? This is the case of Ashton v. Okemos Public Schools. This one has a bit of everything: First Amendment free speech claims, Fourth Amendment reasonable search and seizure, Fourteenth Amendment procedural and substantive due process, lies, intrigue, a police investigation, you name it! We also provide a quick update to Texas's Ten Commandments law, which is very similar to Louisiana's law that we talked about in Episode 51, though of course, everything has to be bigger in Texas.

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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 & 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

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Keywords: Vaping, Student Rights, Lies, Police Investigations, Religion in Schools, Ten Commandments

#educationlaw #k12 #podcast #ChalkandGavel #StudentRights #DontVapeInSchools #TenCommandments