Colorado’s new universal pre-K program is headed for a Supreme Court showdown in St. Mary v. Roy—and it puts a familiar education-law question on a sharper edge: when a state opens a publicly funded program to private (including faith-based) providers, can it require those providers to follow nondiscrimination rules that protect families’ sexual orientation and gender identity, or must the Free Exercise Clause require an exemption? In this episode, we preview the case through the 10th Circuit decision, walking through how Colorado designed its “mixed delivery” pre-K system, why the nondiscrimination requirement became the flashpoint, and how the court framed the tension between equal access in publicly funded education programs and religious liberty claims by private religious preschools. With oral arguments coming in early November, we also zoom out to place St. Mary v. Roy in the Court’s recent wave of religion-in-schools disputes—and what the outcome could mean for states trying to build universal early-childhood programs while maintaining inclusive enrollment protections. We also briefly discuss the recent multi-billion-dollar settlement in the ongoing social media responsibility saga.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch. Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis.Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw#StMaryvRoy #SCOTUS #UniversalPreK #FreeExerciseClause #Nondiscrimination #EducationPolicy #educationlaw #podcast #chalkandgavel

Can a state require public schools to post the Ten Commandments in every classroom? In this episode, recorded live at the Martha McCarthy Education Law & Policy Institute, we unpack Nathan v. Alamo Heights, the Fifth Circuit’s decision upholding Texas’s law requiring public elementary and secondary schools to display the Ten Commandments in every classroom. The case revisits an issue we first explored in connection with Louisiana’s similar law, but this time against a rapidly changing constitutional landscape shaped by the Supreme Court’s decisions in Kennedy v. Bremerton School District and Mahmoud v. Taylor.

We explore why the Fifth Circuit concluded that the Supreme Court’s 1980 decision in Stone v. Graham is no longer controlling, how the court applied the Supreme Court’s new history-and-tradition approach to the Establishment Clause, and why it determined that displaying the Ten Commandments does not resemble a founding-era establishment of religion. We also examine the families’ Free Exercise Clause argument under Mahmoud, the court’s distinction between religious curriculum and a religious text displayed on a classroom wall, and the sharply contested question of coercion in public schools. Nathan illustrates just how dramatically the legal framework governing religion in schools is shifting—and how many questions remain unresolved.

Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch. Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis.

Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw

#EducationLaw #SchoolLaw #TenCommandments #ReligiousFreedom #FirstAmendment

What happens when a school district secretly activates student laptop webcams inside their homes? In this episode, we unpack Robbins v. Lower Merion School District, the infamous Pennsylvania school surveillance case better known as “Webcamgate.” The case began after a high school student was confronted by an assistant principal with a photograph taken through his school-issued laptop’s webcam—inside his bedroom. What followed exposed a district-wide surveillance system that had captured tens of thousands of webcam photographs and screenshots without students or parents knowing.We explore how Lower Merion School District’s TheftTrack software worked, the warnings district officials received before the program even launched, and how a student tech intern raised privacy concerns that were quickly dismissed. We also examine the claims brought against the district, the role of the Fourth Amendment and federal wiretapping laws, the FBI investigation, the independent investigation that uncovered the scale of the surveillance, and the eventual settlement and permanent injunction. Robbins is a striking reminder that powerful educational technology can create serious legal consequences when schools fail to establish clear policies, oversight, transparency, and consent.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch. Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis.Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw#EducationLaw #SchoolLaw #StudentPrivacy #FourthAmendment #EducationTechnology

What happens after the Supreme Court says parents have a religious right to opt their children out of public school instruction that conflicts with their religious beliefs?In this episode, we unpack Alan L. v. Lexington Public Schools, one of the first federal court decisions to apply the Supreme Court’s recent decision in Mahmoud v. Taylor. The case began when the father of a kindergartener sought to opt his son out of curriculum addressing sexual orientation, gender identity, and family structures. When the school district rejected his requests as overly broad, the dispute quickly made its way to federal court.We explore how the court applied Mahmoud, why its interpretation may significantly expand the reach of that decision, and the difficult questions schools now face about identifying objectionable curriculum, providing parents notice, and administering religious opt-outs. Mahmoud may have announced a constitutional right, but Alan L. shows just how unsettled its boundaries remain.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch. Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis.Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw#EducationLaw #SchoolLaw #SupremeCourt #ReligiousFreedom #ParentalRights

What if one of the most influential Supreme Court decisions in education looks very different when you hear the story from the person who lived it?In this special episode, we're joined by Cathy Kuhlmeier, the student journalist at the center of Hazelwood School District v. Kuhlmeier—the landmark Supreme Court case that has shaped student speech and student journalism in schools for nearly four decades. While most educators know the legal standard, far fewer know what actually happened inside the newsroom before the case ever reached the Supreme Court.Cathy takes us behind the case, sharing firsthand details that never made it into the Court's opinion and offering a perspective that raises important questions about how the events unfolded, why the dispute escalated, and whether the facts tell a more nuanced story than the one many educators have learned over the years. Along the way, we explore what it was like to become the named plaintiff in a landmark constitutional case while still in high school, discuss why perhaps we should start calling it the Kuhlmeier case, and reflect on the courage it takes for students to stand up for what they believe are their constitutional rights.If you think you already know Hazelwood, this conversation may cause you to see it in a very different light.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #HazelwoodStandard #StudentJournalism #SupremeCourt #SchoolLaw #EducationLeadership #K12

What does "equal athletic opportunity" mean after the Supreme Court's decision in West Virginia v. B.P.J.? And has the Court finally provided clarity on one of the most contentious issues in K–12 education—or simply shifted the legal debate in a new direction?In this episode, we break down the Supreme Court's recent decision in West Virginia v. B.P.J., a case addressing whether states may prohibit transgender girls from participating on female school sports teams. We examine the Court's reasoning, the competing opinions from the justices, and what the ruling means for schools navigating the intersection of Title IX, athletics, and gender identity.As always, we walk through the facts, legal analysis, and practical implications for educators, school leaders, coaches, and athletic directors. We discuss Justice Kavanaugh's majority opinion, the Court's interpretation of Title IX and the legal meaning of "sex," the sharply divided opinions among the justices, and the broader constitutional and policy questions that remain unresolved. Most importantly, we focus on what K–12 schools need to know now to remain compliant while supporting students and managing increasingly complex athletic programs.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #TransAthletes #SupremeCourt #SchoolLaw #EducationLeadership #K12

When should social media companies be held legally responsible for the harms their platforms allegedly cause students? And what happens when schools find themselves bearing the costs of a mental health crisis they didn't create? In this episode, we examine the massive multidistrict litigation, In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, in which school districts and other public entities allege that major social media companies intentionally designed their platforms to be addictive to children and teenagers.As always, we break down the facts, legal theories, and broader implications for K-12 schools. We explore why schools have become central players in litigation over social media addiction, the claims that platforms like Instagram, Facebook, TikTok, Snapchat, and YouTube contributed to rising student mental health challenges, and what school districts hope to recover through these lawsuits. Along the way, we explain how multidistrict litigation (MDL) works, why this case is different from a traditional class action, and what educators should watch as this litigation continues to unfold.We also discuss the Supreme Court's recent decision not to hear Littlejohn v. Leon County School Board following its shadow docket ruling in Mirabelli, leaving schools with continued uncertainty about the future of parental rights and student gender identity cases. If it feels like schools are increasingly being asked to solve society's biggest problems—and then defend those efforts in court—this is an episode you won't want to miss.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #SocialMedia #StudentMentalHealth #SchoolLaw #ProductsLiability #EducationLeadership #K12 #TechnologyLaw

When does teaching about religion become teaching religion? And after recent Supreme Court decisions, does that line even still exist? In this episode, we dive into Hilsenrath v. School District of the Chathams, a case involving a middle school world cultures class and a parent's claim that lessons on Islam crossed the constitutional line. The case forces courts (and educators) to grapple with a fundamental question: When does instruction about religion become government endorsement of religion?As always, we break down the facts, legal reasoning, and broader implications for schools navigating the ever-evolving relationship between public education and religion. Along the way, we explore how recent decisions like Kennedy v. Bremerton and Mahmoud v. Taylor have reshaped the legal landscape, replacing long-standing tests with new—and often murkier—frameworks grounded in history and tradition.We also discuss a major Fifth Circuit decision involving Texas’s Ten Commandments law and what it may signal for the future of religion in public schools. If it feels like Establishment Clause jurisprudence is shifting beneath our feet, you’re not alone. This is a packed episode about one of the most consequential—and unsettled—areas of education law today.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #FirstAmendment #EstablishmentClause #EducationalLeadership #ConstitutionalLaw #ChurchAndState #K12#FreeExerciseClause

Can a state stop schools from notifying parents when a student socially transitions at school? And what happens when those school-based decisions collide with educators’ legal obligations and families’ constitutional rights? In this episode, we take a deep dive into Mirabelli v. Bonta, the high-profile California case challenging state guidance that prohibited schools from disclosing a student’s gender transition to parents without the student’s consent. Teachers and parents argued the policy placed schools in an impossible position, requiring staff to withhold information from families while navigating sensitive questions about student identity and support. The case moved quickly through the courts and all the way to the U.S. Supreme Court’s emergency docket, raising major questions about parental rights, student privacy, free exercise, and the role of schools in deeply personal matters.For our bellringer, we revisit B.B. v. Capistrano Unified School District, the California student speech case involving a first grader disciplined over a drawing that included “Black Lives Matter” and “All Lives Matter.” The Ninth Circuit recently sent the case back for trial, emphasizing that even very young students may have First Amendment protections and that courts must carefully analyze the facts before schools can restrict student expression.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html

Keywords:#ParentalRights, #GenderIdentity, #StudentPrivacy, #FirstAmendment, #FreeExercise, #StudentSpeech, #LGBTQ+, #California, #SupremeCourt, #K-12, #Constitution, #EducationLaw

What happens when school safety measures collide with student rights? In this episode, we cover Vernonia School District v. Acton, a pivotal case that examines the balance between student privacy and school safety. The Supreme Court's decision on random drug testing for student-athletes raises critical questions about the Fourth Amendment and the concept of "reasonableness.” We also explore more recent developments with the Department of Education in this week’s bellringer. Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #StudentRights #FourthAmendment #SchoolSafety #DrugTesting #SupremeCourt #Podcast #K-12 #Schools