NSBA Legal Clips
Archived entries for Student Rights & Discipline

Federal district court upholds D.C. public school system’s school closure plan against various federal and state claims

A federal district court in the District of Columbia has denied a request for a preliminary injunction sought by parents attempting to block the school district’s plan to close 15 of its schools.

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Teachers’ union hits Chicago’s school board with two suits opposing proposed school closings

The Chicago Teachers Union has filed two lawsuits, on behalf of parents and their special needs children, to try to stop the city from closing 53 elementary schools.

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Federal appellate court rules Tennessee district’s student assignment plan does not violate African-American students’ equal protection rights

The Sixth Circuit has ruled that a Tennessee school district’s student assignment plan does not violate African-American students’ Fourteenth Amendment equal protection rights.

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Lawsuit charges California district with physical abuse and racial profiling of Latinos

A group of California parents and students have filed a federal lawsuit against the Compton school district alleging a pattern of abuse and racial profiling of Latinos by school police.

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Florida appellate court rules that student email complaining about professor’s classroom behavior and teaching methods was an education record protected from disclosure under FERPA

A Florida Appeals court has ruled that a college did not violate the state public records law by refusing to provide a professor with an unredacted copy of a student’s email complaining about the professor’s classroom behavior and teaching methods, because the email was protected under the Family Educational Rights and Privacy Act (FERPA).

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Texas court rules school cheerleaders can display religious banners at football games

A Texas state court judge has ruled that cheerleaders at Kountze High School can display banners emblazoned with Bible verses at football games.

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Dispute over boys participating in girls’ sports in Pennsylvania appears headed to court

The Pennsylvania Interscholastic Athletic Association is seeking to overturn state law that has allowed boys to play on girls’ high school sports teams for decades.

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Parents sue New York school district for right to opt-out of standardized testing, lose TRO request

A federal judge in New York denied a request for a temporary restraining order to prevent the school district from disciplining students who refused to take standardized tests.

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Elementary school students suspended by Virginia district for using pencils as guns

A group of male students at Driver Elementary School were suspended by Suffolk Public Schools officials for pointing pencils at each other and making shooting noises.

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Federal appellate court rules parents not required to exhaust physical abuse and timeout claims under IDEA, but they failed on the merits of those claims

The Tenth Circuit has ruled that the parents of a disabled student were not required under the IDEA to exhaust their administrative remedies before bringing suit claiming physical abuse by staff and staff use of unapproved timeouts with their child. However, the Court concluded that the parents had failed on the merits of their claims, styled as a § 1983 action based on violation of the student’s Fourteenth Amendment substantive due process right, because the instances of alleged physical abuse and use of timeouts were not constitutional torts since the defendants’ behavior did not “shock the conscience” of the court.

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