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Celebrating the Holidays in Compliance with the First Amendment
At this time of year, many school districts struggle with how they can celebrate the holidays without violating the Freedom of Religion Clause of the First Amendment. The Freedom of Religion Clause of the First Amendment has two components: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government or a governmental entity from establishing an official religion or preferring one religion over another. The Free Exercise Clause prohibits the government from interfering with an individual’s personal practice of his or her religion.
Districts across the country have already struggled with the risk of violating the First Amendment with student celebrations this holiday season. In Portland, Oregon, the Portland Public Schools’ Board of Education voted to ban its school choirs from performing in a Christmas festival at a Catholic shrine, even though district choirs had been performing in the festival for over 20 years. (http://www.fox10tv.com/story/30430689/portland-public-schools-denies-resolution-to-allow-choirs-to-sing-at-the-grotto). This vote came after the Freedom From Religion Foundation filed a complaint against the district based on the separation of church and state. More than 3,500 people signed a petition hoping to
overturn the vote, but the Board’s decision still stands. Read more...
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President Obama signs into effect the "Every Student Succeeds Act"
Senate Bill 1177 (S. 1177) was introduced to the United States Senate on April 30, 2015. This bill is entitled the “Every Student Succeeds Act” and was signed into law by President Obama on December 10, 2015. This law overhauls the No Child Left Behind Act (NCLB) and reauthorizes federal funds for the Elementary and Secondary Education Act (ESEA) of 1965. Generally speaking, this law shifts authority for academic standards and school accountability back to states and local school districts and demonstrates a significant shift in federal education policy. Read more...
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Attorneys’ Fees for Districts in Special Education Cases?
Sometimes a client asks whether the school district can recover attorneys’ fees and costs for a special education case. Theoretically, the answer is yes. IDEA was amended in 2004 to permit school districts to recover attorneys’ fees and costs in two limited circumstances: (1) against an attorney … who files a complaint … that is frivolous, unreasonable, or without foundation, or … who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or … (2) against the attorney … or the parent, if the … complaint … was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. Unfortunately, practically, the answer is closer to no. Read more...
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