
Legal Issues Facing Students and Educators
Can Teachers Be Fired for Off-Duty Speech?
Public school teachers do not give up their First Amendment rights, but those rights are limited. Under the Pickering-Connick test, teachers’ speech is only protected if it addresses a matter of public concern and does not cause substantial disruption. In today’s digital age, off-duty social media posts can quickly go viral, leading to parent complaints, media attention, and even safety concerns. Courts have consistently upheld discipline—including termination—when such disruption occurs. For private school teachers, the protections are even slimmer, as most work under at-will contracts. The takeaway: off-duty speech is never fully off-duty for educators.
“Deliberately Indifferent” Warning To Schools About Student on Student Harrassment
The Sixth Circuit’s decision in C.M. v. Croswell-Lexington Schools highlights the harsh reality of racial harassment in schools and the steep legal standard families face when seeking accountability. Despite repeated abuse, the court ruled the district’s responses—investigations, discipline, and protective measures—were not “deliberately indifferent.” For Tennessee, this case underscores the importance of schools acting promptly, documenting thoroughly, and fostering inclusive environments, while reminding families to keep careful records if harassment occurs.
Understanding FERPA: Protecting Student Privacy
The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of student education records and ensure that parents and eligible students (students over the age of 18 or those attending postsecondary institutions) have access to and control over their personal education information. FERPA is essential for safeguarding the rights of students and ensuring that schools handle student records responsibly. In this article, we will explore what FERPA is, how it protects student records, and what rights parents and eligible students are entitled to under this law.
Immigration Enforcement: A Guide for School Officials
One of the most important responsibilities of school administrators is to ensure the safety and well-being of students. Due to recent immigration policy changes, many educators are concerned with how they will respond if forced to deal with immigration enforcement on their campuses.
AI & IEP’s
In a recent 6th Circuit decision, the Court cautioned districts to avoid using technology to mask disabilities rather than using technology to assist in direct instruction. William A v. Clarksville-Montgomery County School System, 6th Cir. (2025).
Bullies - Part II - Is Everything Bullying?
Second, T.C.A. 49-6-4502, the portion of the law in Tennessee which defines bullying does not include the terms listed above, terms that most people associate with bullying. In fact, following the law verbatim would likely lead many educators and parents to assume almost all conflict would qualify as bullying. As a result, the law creates a burden on school officials, confusion for parents and possibly harmful consequences for students.
Bullies - Facing Scot Farkus Today
Prior to receiving his Red Rider BB Gun, Ralphie had to deal with Scot Farkus. It was Johnny and his friends that motivated Daniel LaRusso to learn karate from Mr. Miyagi. Undoubtedly, each of us have a name or face in mind when we hear the word bully.
Amish Exception
There is a large Amish community where I live. When traveling in that portion of our county, you need to look out for horse drawn buggies and the occasional horse manure. The Amish community provide a variety of goods to county residents from produce to furniture and the community at large is thankful for their contributions.
Parent Banned For Texting Coach
Mr. McElhaney, a father of a softball player, texted the coach after his daughter was benched midway through the season. The text messages criticized his coaching ability and decisions. The coach, believing Mr. McElhaney had violated team policy which prohibited parents from talking to coaches about playing time, forwarded the messages to the principal.
Instagram Discipline
This past week, the 6th Circuit released a ruling affirming a districts court holding that a school did not violate a student’s 1st Amendment Rights when they suspended them for comments made off-campus on a personal Instagram account. Kutchinski v. Freeland Community School District, 6th Circuit 2023.