Jul 29th, 2026Supreme Court Finds that State Laws Limiting Participation in Girls’ and Women’s Sports Do Not Violate Title IX or the U.S. Constitution’s Equal Protection Clause
A West Virginia law passed in 2021 imposed a categorical ban on biological males participating in female sports. B.P.J., a biological male who identifies as female, challenged the law in court claiming it violated Title IX and the Equal Protection clause of the U.S. Constitution.
Jun 26th, 2026Pause Before Posting: Student Privacy Concerns with Social Media Posts by Schools
Social media engagement by teachers and staff can provide opportunities for a school district to connect with students and the community in positive ways. However, a recent Review and Determination issued by the Chief Privacy Officer of the New York State Education Department underscores that schools and staff must comply with state and federal privacy laws when sharing social media posts that include images or videos of students. Not every student photograph will qualify as an education record in every circumstance, but photographs and videos frequently raise privacy concerns and should never be treated casually.
Jun 26th, 2026The Commissioner of Education Authorizes Excluding Non-Residents From The Right To Speak During Public Comment At A Board of Education Meeting
In a recent decision, the Commissioner of Education reaffirmed that school districts have the right to exclude non-residents from being allowed to speak during the public comment portion of a Board meeting.
May 13th, 2026Employee Speech and School District Response: Navigating a Fact-Specific Landscape
In an increasingly volatile political climate, school districts have increasingly confronted situations in which employee expression intersects with district operations, requiring a careful balance between constitutional protections and the district’s obligation to maintain control over its facilities and message. While such speech may raise legitimate operational or reputational concerns, the legal framework governing a district’s response remains highly fact-specific and requires careful analysis before action is taken.
May 13th, 2026Why Using AI For Your School's Legal Work Is A Terrible, Horrible, No Good, Very Bad Idea
The news and social media are so saturated with stories about artificial intelligence (AI) that another piece on the topic may seem one straw too many for the camel to bear. We are inundated on a daily basis with accounts that AI will improve efficiency, enhance productivity, replace human workers, and/or bring about the end of humanity. School districts, however, must be cautioned about the unique risks that AI poses when relied upon for legal advice. This article will highlight two serious problems with using publicly-available AI to perform research legal issues or generate documents in litigation: so-called “hallucinations,” and lack of privilege.
Apr 26th, 2026Toileting and Diapering Protocol in Schools
In September 2024, the Governor signed legislation requiring that the Commissioner develop rules and regulations to establish statewide protocol for diapering and toileting students in public schools and BOCES. Those regulations became effective on March 27, 2026. The new regulation (8 NYCRR 136.10) requires schools to formalize in a written plan practices and procedures to assist students with diapering and toileting in a safe, hygienic, age-appropriate and sensitive manner.
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