NSBA Legal Clips
Archived entries for Student Rights & Discipline

Federal appellate court issues en banc decision in Layshock v. Hermitage Sch. Dist.: school district violated First Amendment by disciplining student for off-campus online speech

The U.S. Court of Appeals for the Third Circuit (PA, NJ, DE, VI), sitting en banc (all active judges participating), has ruled that a Pennsylvania school district violated a student’s free speech rights when it disciplined him for creating an offensive parody MySpace profile of his high school principal off-campus on a home computer. The court’s decision is one of two en banc rulings issued on the same day and finding that the school district defendant had violated the student’s First Amendment right to free speech when it disciplined the student for off-campus speech that took place online. Unlike the decision in J.S. v. Blue Mountain Sch. Dist., No. 08-4138 (3d Cir. Jun. 13, 2011), however, this ruling was unanimous, with one concurring opinion.

Continue reading...

Federal district court in California grants preliminary injunction allowing student with autism to be accompanied by service dog at school

A federal district court in California has issued a preliminary injunction allowing a student with autism to be accompanied by his service dog at school. The court concluded that the student had demonstrated a likelihood of success on the merits of his Americans with Disabilities Act (ADA) claim that the dog is a service dog under the ADA and the school district failed to demonstrate that its educational program would be fundamentally altered if the dog is allowed to accompany him to school.

Continue reading...

U.S. Dept. of Ed. issues “Dear Colleague” letter to school districts urging them not to discriminate against gay student organizations

U.S. Secretary of Education Arne Duncan has sent a “Dear Colleague” letter to school districts nationwide, says Education Week, warning school officials against taking steps to ban students from forming gay-straight alliances and similar support groups in their schools. “Officials need not endorse any particular student organization, but federal law requires that they afford all student groups the same opportunities to form, to convene on school grounds, and to have access to the same resources available to other student groups,” states the letter.

Continue reading...

States move toward reducing criminal penalties for minors charged with sexting

The Associated Press reports that Rhode Island has joined 20 other states considering bills this year to adjust penalties for teen sexting. The legislation working its way through the Rhode Island General Assembly would make sexting by minors a juvenile offense similar to truancy.

Continue reading...

After Federal court of appeals dissolves injunction, audience joins in student-led prayer at Texas graduation ceremony

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a brief order overturning a federal district court’s injunction barring student-led prayer at Medina Valley High School’s graduation ceremony, reports the San Antonio Express-News. U.S. District Judge Fred Biery’s had granted an emergency court order banning public prayer at the ceremony. A student gave “opening remarks” at the ceremony that began, “Those who wish, would you please pray with me?”

Continue reading...

Wyoming Supreme Court upholds school district policy requiring students participating in extracurriculars to consent to random drug/alcohol testing

The Wyoming Supreme Court has ruled that a school district’s mandatory random drug and alcohol testing policy for students participating in extracurricular activities does not violate the Wyoming Constitution’s provision protecting individuals from unreasonable searches and seizures. The court also ruled that the policy does not violate either the state or federal constitutions’ equal protection or due process provisions.

Continue reading...

Mississippi school district sued over use of restraints on students at alternative school

The Southern Poverty Law Center (SPLC) has filed suit in federal court against Jackson Public Schools (JPS) alleging alleging students at Capital City Alternative are handcuffed or restrained for up to six hours at a time for minor infractions, such as not wearing a belt or talking back, says the Jackson Clarion Ledger.

Continue reading...

Southwestern Virginia school board votes to repost Ten Commandments display in schools

The Bluefield Daily Telegraph reports that the Giles County School Board has voted 3-2 to approve a group of documents including the Ten Commandments to be displayed in county schools. The board’s vote allows the display of the Ten Commandments along with other documents, such as the Declaration of Independence, Virginia Statute of Religious Freedom, Mayflower Compact, and Magna Charta, with no document being larger than another. Board members Dr. J. Lewis Webb, Jr. and Drema McMahon voted against the display, citing the cost of litigation and the likelihood that the board’s action wouild be struck down in court as reasons for their dissenting votes.

Continue reading...

North Carolina school district settles suit over wearing nose stud in school

Johnston County Schools (JCS) has agreed to allow a Clayton High School student to wear a nose stud, despite a dress-code policy that prohibits facial jewelry, says the News & Observer. Ariana Iacono was suspended four times this school year for refusing to remove her small nose stud. She asserted that she should be exempt from the dress code because she is a member of the Church of Body Modification, an organization that encourages piercings and tattoos as a path to spiritual enlightenment.

Continue reading...

Florida school district extends non-discrimination policy to protect transgender students

According to the Miami Herald, Broward School Board recently changed its non-discrimination policy to acknowledge transgender students. Any employee who discriminates against someone for any reason, including race, ethnicity, gender, and now gender expression, is subject to discipline, ranging from a warning to dismissal.

Continue reading...

Page 50 of 82« First...1020304849505152607080...Last »

 

NSBA

Copyright © National School Boards Association. All rights reserved.
1680 Duke Street, Alexandria, VA 22314
Phone: (703) 838-6722 Fax: (703) 683-7590 E-mail: info@nsba.org

RSS Feed.