Chalk and Gavel: An Education Law Podcast

71 | Parental Rights and Gender Identity: The Court’s Shadow Docket Decision in Mirabelli v. Bonta

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 [http://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 [http://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 and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html] Keywords:#ParentalRights, #GenderIdentity, #StudentPrivacy, #FirstAmendment, #FreeExercise, #StudentSpeech, #LGBTQ+, #California, #SupremeCourt, #K-12, #Constitution, #EducationLaw

70 | Student Athletes and Random Drug Testing: When Can Schools Engage in Suspicionless Searches?

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 [http://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 [http://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 and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html]#EducationLaw #StudentRights #FourthAmendment #SchoolSafety #DrugTesting #SupremeCourt #Podcast #K-12 #Schools

69 | Fake Accounts and Real Consequences: When Students Target Teachers Online

What happens when student speech leaves campus—but crashes right back into the school environment through social media? In this episode, Chris and Jamie are recording the same room for about the 4th time to unpack Kutchinski as next friend to H.K. v. Freeland Community School District, a case involving a student-run fake Instagram account impersonating a teacher and posting a stream of vulgar, threatening, and deeply disruptive content. The twist? Most of the conduct happened off campus. As always, this case forces us back into familiar—but increasingly complicated—territory: the boundaries of the First Amendment in schools. Applying the Tinker standard in a digital age, the court wrestles with whether schools can discipline students for off-campus online speech that foreseeably causes substantial disruption within the school day. Spoiler alert: when that speech includes threats, harassment, and impersonation that spills into classrooms and undermines the learning environment, courts may be far more willing to side with school officials. We break down the facts, the court’s reasoning, and what this means for educators navigating student behavior in an era where “off campus” doesn’t really mean off campus anymore. If you’ve ever wondered how far school authority extends into students’ online lives, this is the case for you. We’ve also got a couple of timely bellringers to kick things off. First, everything is bigger in Texas—including the legal battles over school vouchers. A new controversy is brewing over whether families can use public voucher funds to attend Islamic private schools, raising big questions about the intersection of school choice and the Establishment Clause. Then we head to Oklahoma, where the state’s Attorney General has sued the charter school board after it rejected an application for a Jewish charter school—putting religious access, public funding, and charter school law on a collision course. These are two stories you’ll definitely want to keep an eye on. This is a packed episode full of First Amendment doctrine, emerging issues in school choice, and the ever-evolving challenges facing school leaders today. * Check out our updated website (www.chalkandgavel.com [http://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 [http://www.educationlaw.org/lapis] Keywords: #FirstAmendment #StudentSpeech #OffCampusSpeech #TinkerStandard #EducationLaw #SocialMedia #SchoolDisruption #VoucherPrograms #ReligiousSchools #CharterSchools #EstablishmentClause #K12Law #ChalkAndGavel

68 | Live from SXSW-EDU: Navigating the Tides of an Education Law Sea Change

What happens when you zoom out from individual court cases and start to see the bigger legal forces reshaping schools in real time? In this special live episode recorded at SXSW EDU, we step back from our usual case deep dives to explore what we’re calling a potential education law sea change—a moment where legislation, litigation, and policy shifts are collectively redefining what schools are, who they serve, and how educators operate within them. Instead of focusing on a single dispute, we trace the broader legal landscape: from book removals and curriculum restrictions to evolving expectations around student support, identity, and speech. Through real-world examples, we highlight how educators—from librarians to classroom teachers to counselors—are navigating increasing legal ambiguity, often without clear guidance and under the weight of potential consequences. We also dig into the foundational questions at the heart of education law: What is school for? Who is it for? And who gets to decide? Drawing on historical context and modern developments, we explore how answers to these questions have shifted over time—and why the pace and scale of change right now feel different. As always, we aim to connect the legal dots to practical realities. This episode offers strategies for educators, leaders, and innovators who want to build legal literacy and navigate this evolving terrain with more confidence. Because in today’s environment, the law isn’t just background noise—it’s shaping daily decisions in classrooms across the country. -Check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, support the show, find our episode database, and order some NEW MERCH.-Interested in staying up to date on education law as an educator? Check out ELA's new publication, Law and Policy in Schools, available at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis]-Keywords: #EducationLaw #SXSWEDU #LegalLandscape #SchoolLeadership #EducationPolicy #K12Law #TeacherSupport #StudentRights #CurriculumDebates #ChalkAndGavel #CivilRights #LegalLiteracy

67 | One T-shirt & “Two Genders:" School Regulation of Demeaning Student Speech

What happens when student speech collides with evolving understandings of identity—and school efforts to protect students? In this episode, we examine L.M. v. Town of Middleborough, a recent First Amendment case involving a middle school student who was told to remove a shirt stating “there are only two genders.” School officials argued the message violated their dress code prohibiting hate speech and could harm transgender and gender non-conforming students. This case puts the spotlight back on the Tinker standard, forcing courts…and educators…to wrestle with a difficult question: When does student expression cross the line from protected speech into something schools can restrict?As always, we break down the facts, legal reasoning, and broader implications for schools navigating student speech in an increasingly complex cultural landscape. We also provide some updates on a bunch of previous bellringers…updates about the DOE, a case out of California that the USSC ruled on from its emergency docket, and more. This is a packed episode! -Check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, support the show, find our episode database, and order some NEW MERCH. -Interested in staying up to date on education law as an educator? Check out ELA's new publication, Law and Policy in Schools, available at www.educationlaw.org/lapis#FirstAmendment #StudentSpeech #TinkerStandard #EducationLaw #SchoolPolicy #FreeSpeechInSchools #LGBTQ #StudentRights #SchoolLeadership #K12Law #ChalkAndGavel #CivilRights #EducationPolicy