Chalk and Gavel: An Education Law Podcast

Chalk and Gavel LLC

Welcome to Chalk and Gavel, exploring how the law shapes education, one case at a time. Join education professors Chris Thomas and Jamie Kudlats as they demystify the complex, ever-changing, and fascinating world of school law. Both former teachers, Chris, a former school attorney, and Jamie, a former principal, draw upon their experiences to explore the stories at the intersection of law and education. If you're an educator, policymaker, parent, student, or someone just curious about education, Chalk and Gavel is here to help you understand how the courtroom is connected to the classroom.

  1. 9H AGO

    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) 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/lapisKeywords: #FirstAmendment #StudentSpeech #OffCampusSpeech #TinkerStandard #EducationLaw #SocialMedia #SchoolDisruption #VoucherPrograms #ReligiousSchools #CharterSchools #EstablishmentClause #K12Law #ChalkAndGavel

    50 min

  2. APR 21

    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-Keywords: #EducationLaw #SXSWEDU #LegalLandscape #SchoolLeadership #EducationPolicy #K12Law #TeacherSupport #StudentRights #CurriculumDebates #ChalkAndGavel #CivilRights #LegalLiteracy

    35 min

  3. APR 7

    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

    1h 8m

  4. MAR 24

    66 | Tushies and Terminations: What Happens When a Principal Gets Fired for Reading a Kid’s Book?

    Get excited (and we're sorry in advance)! This case might be the best setup for dad jokes we’ve ever had on this show. What happens when an assistant principal gets fired for reading the kids’ classic, “I need a new butt,” to hundreds of second graders? Well, a court might question whether that termination passes the smell test, because something smells rotten about this decision! This is the real case, we promise, of Price v. Hinds County School District, yes, Hinds, as in “behind”. Maybe that’s why everyone was so sensitive about this? But regardless, today, we’re going to get to the bottom of it! We also talk about ...---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 https://www.educationlaw.org/lapis---Keywords: I Need a New Butt, Educator Discipline, Due Process, Arbitrary and Capricious, Educators Ethics#educationlaw #k12 #podcast #ChalkandGavel #Teachers

    55 min

  5. MAR 9

    65 | Book Bans and Local Control: Oklahoma’s Fight Over “Inappropriate” Material in School Libraries

    You know what we miss? With everything happening at the federal level, we haven’t talked about Oklahoma in ages. Well, today we're doing something about that! Today’s case deals with Oklahoma, school libraries, allegations of “sexualized” material, and a state superintendent determined to enforce new rules about what students can and cannot read. But this one isn’t just about book bans. It’s about who gets to decide what belongs in a public school library: the state board of education or local school districts. And when the state tried to enforce its new rule against a district, that district went straight to the Oklahoma Supreme Court and said, you don’t have the authority to do that. This is the case of Edmond Public Schools v. the Oklahoma State Board of Education. We also talk about new guidance from the U.S. Department of Education (yes, it still exists!) on constitutionally protected prayer in public schools.--- CHALK & GAVEL IS LIVE AT #SXSWEDU THIS WEEK! ---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 https://www.educationlaw.org/lapis--- Keywords: Oklahoma, Curriculum, Book Bans, School Governance, Libraries, Religious Freedoms, Prayer#educationlaw #k12 #podcast #ChalkandGavel #BookBans

    39 min

  6. FEB 24

    64 | Public Money and Private Schools: When School Choice Vouchers Violate a State Constitution

    Can a state, like say, South Carolina, consistent with its state constitution, create a school choice program that allows families to pay for private school tuition from a state-funded education savings account? That's right, today we're doing a completely apolitical case. Just kidding! That would be a nice change, but this is education law; everything is political! So today, we're talking about school choice with the case Eidson v. the South Carolina Department of Education. In 2023, South Carolina created a program to fund education savings accounts (ESAs). Eligible families could then use those accounts to pay for qualifying educational programs or activities, including private school tuition. But the South Carolina constitution says that no public funds can be spent for the direct benefit of private schools. Can you see the potential conflict? We also discuss a recent decision by the Trump administration to abandon its appeal of a Court order pausing some of the administration's anti-DEI efforts, meaning that the efforts remain on hold.---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.Don't forget - ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Help us spread the word!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 https://www.educationlaw.org/lapis---Keywords: school funding, school choice, vouchers, education savings accounts, South Carolina, parents' rights, DEI#educationlaw #k12 #podcast #ChalkandGavel #SchoolChoice

    53 min

  7. FEB 10

    63 | Censoring Student Journalists: Free Speech and School Newspapers

    What happens when district officials censor a student’s article for the high school newspaper because they don’t like what it says? Probably nothing good. Some people might consider that viewpoint discrimination and frown on that sort of thing. On today’s episode, we’re going to talk about a pretty interesting case from about 20 years ago that pitted a high school student journalist against her school district in a fight over free speech and censorship. When the school didn’t like how Katy Dean reported on a lawsuit against the district, officials shut it down. This is the case of Dean v Utica Community Schools. We also discuss recent litigation in California regarding whether schools must disclose to parents when their children request to be called by different names and pronouns at school.---Check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, support the show, find our teaching guide, and order some NEW MERCH.Don't forget - ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Help us spread the word!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 https://www.educationlaw.org/lapis---Keywords: free speech, student journalism, censorship, Hazelwood, transgender students, parents' rights#educationlaw #k12 #podcast #ChalkandGavel #FreeSpeech #teachers

    55 min

  8. JAN 27

    62 | Inside the Courtroom: The BPJ v West Virginia Oral Arguments

    It’s time to cover the oral arguments in the transgender student athlete cases! Which means we need some expert guidance, and who better to join us than Dr. Suzanne Eckes? This is one we’ve talked about before, but can states prohibit transgender girls from playing on the girls team? We first covered BPJ v. West Virginia in episode 57. In that case, Becky Pepper-Jackson, a transgender girl, challenged West Virginia’s law that defined athletic teams based on biological sex assigned at birth. Well, she won at the lower court, but the Supreme Court agreed to hear the case along with another transgender student athlete case, Little v. Hecox, which involved a similar law and situation out of Idaho. So now the nine justices of the Supreme Court have to grapple with the question of whether Title IX or the Equal Protection Clause prohibit states from having sex-separated sports teams based on biological sex, even where as both Becky and Hecox argue, they have no biological advantage as compared to cisgender girls. ---Check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, support the show, find our teaching guide, and order some NEW MERCH.Don't forget - ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Help us spread the word!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 https://www.educationlaw.org/lapis---Keywords: transgender student athletes, Title IX, Equal Protection Clause, LGBTQ+, sex discrimination#educationlaw #k12 #podcast #ChalkandGavel #TransRights #SupremeCourt

    1h 5m
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About

Welcome to Chalk and Gavel, exploring how the law shapes education, one case at a time. Join education professors Chris Thomas and Jamie Kudlats as they demystify the complex, ever-changing, and fascinating world of school law. Both former teachers, Chris, a former school attorney, and Jamie, a former principal, draw upon their experiences to explore the stories at the intersection of law and education. If you're an educator, policymaker, parent, student, or someone just curious about education, Chalk and Gavel is here to help you understand how the courtroom is connected to the classroom.

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