NSBA Legal Clips
Archived entries for Health & Nutrition

Federal appeals court rules school nurse has qualified immunity in suit over medically motivated examination of student’s genitals

The Sixth Circuit Court of Appeals (MI, OH, KY, TH) has ruled that a school nurse, who conducted a medically motivated visual examination of the vaginal area of a 6 year old student, was entitled to qualified immunity from a suit alleging the nurse’s examination constituted an unreasonable search in violation of the student’s Fourth Amendment rights, because the right was not clearly established.

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Public Advocate’s suit claims NYC schools send students to emergency room for behavioral problems

New York City Public Advocate Bill de Blasio is filing a lawsuit against the City of New York in state court, demanding the city release data on students who were sent to the emergency room because of behavioral problems at school. The suit charges most schools do not provide adequate mental health services and, instead, resort to 911 to deal with behavioral outburst.

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Parent sues New York City schools for denial of religious exemption from vaccination requirement as First Amendment violation

A report on DNAinfo.com states that Dina Check, the parent of an elementary school student, has filed suit in federal court against the New York City Department of Education, alleging that NYCDE’s refusal to grant her daughter a religious exemption from a vaccination requirement violates her First Amendment rights.

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Report says most South Carolina districts are failing to comply with state sex education law

According to The State, a report by the New Morning Foundation, a health-and-sex education advocacy group has found that three out of four South Carolina school districts fail to comply with a state law outlining how they should teach sex education.

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DOJ settles with Massachusetts college agreeing that food allergy may be disability under ADA

According to an Associated Press report in the Longview Daily News, the U.S. Department of Justice recently settled a suit with Lesley University in Washington over accommodating students with food allergies.

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California district plans to offer program allowing parents to track results of random drug tests of children

According to an Associated Press report in the Daily Democrat, William S. Hart Union High School District plans to expand a first-of-its-kind program that allows parents to track the results of random drug tests of their children.

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Pennsylvania district sued by student with nut allergy for disability harassment

The Pittsburgh Post-Gazette reports that a suit has been filed on behalf a student, identified as T.F., alleging that the Fox Chapel Area School District violated the federal Rehabilitation Act, resulting in “disability-based harassment”, by failing to adequately address T.F.’s severe allergy to tree nuts, and subjected him to ridicule by seating him alone in the cafeteria.

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Parents threaten lawsuit over California district offering yoga classes, concerned about religious indoctrination

The Associated Press reports in the Duluth News Tribune that a group of parents are expressing concern that free yoga classes being offered by Encinitas Union School District will lead to indoctrinating students in eastern religion.

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Pennsylvania middle school requires drug testing of students to participate in extracurricular activities

As reported in The New York Times, Glenn and Kathy Kiederer have filed suit against the Delaware Valley School District, claiming that mandatory drug testing to participate in any extracurricular activities was unnecessary and that it infringed on the rights of their daughters.

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Anti-concussion legislation heads to Michigan governor’s desk

According to the Associated Press in The Macomb Daily, measures heading to Governor Rick Snyder’s desk would require the Michigan Department of Community Health to develop educational materials and training for athletes, parents and coaches on concussion-related injuries and treatments.

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