NSBA Legal Clips
Archived entries for Legal System

Texas district did not violate the IDEA when disabled student did not pass required state writing test, but succeeded in mainstream classes

The majority of a three-judge panel from the U.S. Court of Appeals for the Fifth Circuit reversed the decision of a Texas district court, and held that the Klein Independent School District did not violate the Individuals with Disabilities Education Act because, with accommodations for his disability, a student’s Individualized Education Plans enabled him to excel in a mainstream high school curriculum.

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DOJ investigation charges Mississippi city with operating “school-to-prison pipeline”

The Associated Press reports in The Times-Picayune that the U.S. Department of Justice claims that the city of Meridian, Mississippi is operating a “school-to-prison pipeline” that incarcerates students for disciplinary infractions as minor as dress code violations with a policy that affects mostly black and disabled children.

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Teacher claims retaliation for alleging school security guard took money from special education students

According to the Courthouse News Service, Parris Easley, a biology and special education teacher at Duval High School, has sued Maryland’s Prince George’s County Board of Education, under allegations that he was retaliated against for reporting that a school security guard was shaking down special education students for money.

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New Jersey district to pay Hispanic students $500,000 to settle suit over alleged discriminatory discipline

The Courier-Post reports that the Camden Board of Education has agreed to pay $500,000 to settle a suit brought by seven Hispanic students, who were made to eat lunch on the floor as punishment for spilling a jug of water.

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Kansas district seeks dismissal of suit alleging student strip search

According to Fox 4 News reported on fox4kc.com, the Turner School District has filed a motion in federal court to dismiss a suit brought by the mother of a female student who claims she was wrongfully strip-searched.

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Florida district enters into consent decree with ACLU to allow gay-straight alliance student club to meet at school

According to the Associated Press in The Miami Herald, Marion County school officials have entered into a consent decree that will allow the formation of a club of the Gay-Straight Alliance designed to promote understanding among gay and straight students at Vanguard High School.

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Louisiana charter school changes student pregnancy policy after ACLU threatens suit

The Associated Press reports on ABC News that after the American Civil Liberties Union of Louisiana threatened to sue, the Delhi Charter School is changing its policy that keeps pregnant students out of the classroom and requiring them to be home-schooled, and also requires girls suspected of being pregnant to be tested.

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Michigan attorney general mounts legal challenge to elections of seven of Detroit board members

According to WXYZ ABC 7 News, Michigan Attorney General Bill Schuette has filed a lawsuit to remove seven Detroit school board members, charging they were elected in violation of the state law.

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Federal appellate court rules Alaska district violated IDEA by failing to update student’s IEP annually, despite alleged lack of parental cooperation

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that a school district failed to provide a special education student with a free appropriate public education as required by the Individuals with Disabilities Education Act, when the district failed to update the student’s individualized educational plan annually, concluding that the Parents’ alleged lack of cooperation did not excuse the district from its procedural duty to do so.

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Federal appellate court finds that district did not violate IDEA by removing disabled student from general education classes

A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s determination that a Texas district complied with the Individuals with Disabilities Education Act when they placed a disabled student in special education science and social studies classes, after he struggled in general education classes for these subjects.

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