Articles tagged with Jr

DOJ official joins NSBA panel to discuss school diversity ruling

The National School Boards Association’s (NSBA) legal department announced that Anurima Barghava, Chief of the Educational Opportunities Section of the U.S. Department of Justice (DOJ), will join its webinar to discuss the Supreme Court’s recent ruling in Fisher v. Univ. of Texas. The webinar will be held Tuesday, July 16 at 1 p.m. EDT.

Ms. Barghava and other national experts, including NSBA General Counsel Francisco M. Negrón, Jr., will offer unique insights on the Supreme Court’s June 24 Fisher decision, which addressed the University of Texas’ use of race or ethnicity in its evaluation of candidates for admission. NSBA joined The College Board in an amicus brief in the case, arguing that the Court should avoid any dilution of the 2003 Grutter v. Bollinger ruling that would undermine efforts to achieve diversity currently used throughout the spectrum of our public education system from kindergarten through post-secondary levels.

Now that the Court has weighed in, leaving Grutter undisturbed for now, will Fisher change the way public schools admit and assign students? Does this decision signal the Court’s likely direction in Schuette v. Coalition to Defend Affirmative Action, where it will address a Michigan voter initiative that banned racial preferences in admissions to the state’s public universities? Will Fisher affect K-12 assignment policies designed to promote diverse public school enrollment? Is this decision consistent with the DOJ and Office of Civil Right’s interpretation of PICS?

Other panelists include Teresa E. Taylor, Policy and Legal Advisor, EducationCounsel LLC and co-author of the amicus brief filed by The College Board and NSBA; and John Borkowski, Partner, Hogan Lovells, who advises school districts across the country on constitutional issues including race and diversity.

Register Now to Reserve Your Seat!

 

 

Joetta Sack-Min|July 15th, 2013|Categories: Announcements, Council of School Attorneys, Diversity, Federal Advocacy, School Law|Tags: , , , , , |

Supreme Court rules in employment case and cites NSBA’s brief

The U.S. Supreme Court has favorably cited the National School Boards Association’s (NSBA) amicus brief in support of an important ruling that protects employers from lawsuits because of unwarranted claims of retaliation.

The June 24 ruling in University of Texas Southwestern Medical Center v. Nassar overrules a judgment by the U.S. Court of Appeals for the Fifth Circuit that created a higher standard for employers defending unsupported claims of retaliation.

Writing for the Court, Justice Anthony Kennedy cited NSBA’s amicus brief for the proposition that it would be against the intent of federal anti-discrimination laws to place economic and reputational costs on employers who did not discriminate.

The decision is particularly relevant for school districts because they often assign or transfer employees to improve teaching and learning and comply with federal and state mandates, and those actions can elicit lawsuits based on a perception of retaliation, NSBA noted in its brief.

“We are gratified that the Supreme Court views NSBA’s amicus briefs as a credible and important asset in its decision-making, particularly when those decisions bear greatly on the ability schools to carry out their educational mission,” said NSBA Executive Director Thomas J. Gentzel.

In its amicus brief, NSBA argued that a ruling to change the legal standard would have a severe impact on school district across the country and their more than 6 million employees, encouraging more lawsuits and stifling school leaders’ abilities to make decisions related to employee assignments.

“The Supreme Court has struck the right balance,” said NSBA General Counsel Francisco M. Negrón, Jr. “Anti-discrimination laws should not become a shield used by substandard employees seeking to invalidate legitimate employer action for poor performance.”

For more details about the case, see the article in NSBA’s Legal Clips.

Alexis Rice|June 26th, 2013|Categories: School Boards, School Law, Student Engagement|Tags: , , , , , , |

NSBA featured on ABC’s 20/20 concerning student discipline

The National School Boards Association’s General Counsel, Francisco M. Negrón, Jr., was interviewed for this ABC News 20/20 segment, “Classroom Confidential: When Student Discipline Goes Too Far“, that aired on September 28, 2012.

Negrón was featured later in piece (at 04:57)  defending school safety and school resource officers and noted, “I don’t think there’s a public school to prison pipeline and I certainly don’t think the presence of school resource officers is somehow contribution to that.”

Alexis Rice|October 1st, 2012|Categories: School Security, Uncategorized|Tags: , , , , , |
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