Épisodes

  • 56 | Book Challenges and School Procedures: Navigating Parents’ Requests to Remove Library Books
    Nov 4 2025

    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

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    46 min
  • 54 | Guidance Counselors and Mandatory Reporters: When Do Educators Have Reasonable Suspicion of Child Abuse and Neglect?
    Oct 7 2025

    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

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    58 min
  • 53 | Coaches and Curriculum Clashes: The Legal Limits of Educator Advocacy and Free Speech
    Sep 23 2025

    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

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    52 min
  • 52 | Vapes, Lies, and Students' Constitutional Rights
    Sep 9 2025

    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

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    57 min
  • 51 | The Ten Commandments and the Establishment Clause
    Aug 26 2025

    Can a state require that the Ten Commandments be posted in every classroom? What does the Establishment Clause mean these days with the rise of the Free Exercise Clause and the impact of Kennedy v. Bremerton? Do you ever get deja vu? We do, because we swear we've already had this conversation. Today, we're discussing a recent case challenging Louisiana's requirement that every classroom display a prominent copy of the Ten Commandments. We've called these hydra laws; when one gets struck down, two more seem to pop up. Or we could call these groundhog day episodes. Whatever you want to call it, we’ve got another 1st Amendment religion case for you today! This is the case of Roake v. Brumley. That’s right, we’re back with another Church/State case…. Are we seeing a pattern yet? We also discuss some recent developments with the Supreme Court and the Trump administration's efforts to lay off more than 1,400 employees from the Department of Education.


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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: Religion in Schools, Ten Commandments, Establishment Clause, Church/State Issues, Trump Administration, Department of Education Lay-offs


    #educationlaw #k12 #podcast #ChalkandGavel #ReligionInSchools #TenCommandments #YouStillCantDoThat

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    48 min
  • 50 | Tinker v. Des Moines with Mary Beth Tinker
    Aug 12 2025

    We've got a special episode for you to celebrate our 50th episode! We're joined by none other than Mary Beth Tinker, one of the plaintiffs in the famous 1969 Supreme Court case, Tinker v. Des Moines Independent Community School District. We've talked about Tinker so many times on this show; this is the case that set the standard for students’ free speech rights in schools. And to help us explore this case, who better than Tinker herself? Listen in as Mary Beth shares her story and talks about how she has spent her life supporting children and advocating for their rights. In this episode, we explore when schools can silence student speech, and whether a school, consistent with the First Amendment, can forbid the wearing of black armbands in protest of the Vietnam War. This is one you do not want to miss!


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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: Student Activism, First Amendment Free Speech, Students' Rights, Tinker v. Des Moines, Mary Beth Tinker, Black Arm Bands, Vietnam War


    #educationlaw #k12 #podcast #ChalkandGavel #studentactivism #protests #TinkerTour

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    1 h et 11 min
  • 49 | Student Protests and Don't Say "Gun"
    Jul 29 2025

    Can schools control what students say at student protests? When is a student walkout a school-sponsored event? What’s the first rule about protesting against gun violence in schools? Apparently, the first rule of protesting gun violence is “don’t talk about gun violence.” At least according to the Shawnee Mission School District. Today’s case is another First Amendment student speech case. We’re heading to Kansas to look at what happened when students planned a walkout after the Parkland shooting, and the school, let’s say, got rather involved in that event, telling them what they could or could not talk about. We also discuss a handful of Supreme Court cases that address legal protections for transgender individuals, including the Supreme Court's recent decision in U.S. v. Skremmeti and two cases on transgender student athletes that will be heard next term.


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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: Student Protests and Walkouts, First Amendment Free Speech, Students' Rights, School-Sponsored Events


    #educationlaw #k12 #podcast #ChalkandGavel #studentactivism #protests

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    50 min
  • 48 | Mahmoud v. Taylor and the Right to Opt Out
    Jul 15 2025

    Jamie and Chris return for the third episode on the Mahmoud v. Taylor case! This time, we break down the recent Supreme Court Decision that came out at the end of the term. It was an interesting decision made by the Court's conservative majority, adding another (ambiguous) layer to decades of parental rights and school curriculum case law. We also discuss the AJT v. Osseo Supreme Court decision that eliminates the higher bar that parents needed to sue under the ADA and Section 504.


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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: Supreme Court, Mahmoud v. Taylor, Oral Argument, LGBTQ Inclusive Curriculum, Religion, Parental Rights, Richard Katskee


    #educationlaw #k12 #podcast #ChalkandGavel #SCOTUS #religionineducation #LGBTQ

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    1 h et 3 min