NSBA Legal Clips
Archived entries for Eleventh Circuit

Federal appellate court affirms validity of IDEA regulation entitling parents to reimbursement for costs of IEEs

An Eleventh Circuit three-judge panel has affirmed the validity of the U.S. Department of Education regulation under the IDEA that provides that a parent “has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency,” concluding that an Alabama school district must reimburse the parents of a disabled student for their costs related to an independent educational evaluation performed on their student.

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Sua Sponte: NSBA urges Eleventh Circuit to preserve the high deliberate indifference standard in disability-based harassment cases

On November 28, 2012, NSBA, along with three other education organizations, filed an amici curiae brief in Long v. Murray County School District, now before the Eleventh Circuit, to assist the appellate court in its review of the decision by the U.S. District Court for the Northern District of Georgia, as to whether it “correctly concluded, relying on Davis v. Monroe Cnty. Bd. of Educ., that [the parents of a special education student] had not presented evidence of ‘deliberate indifference’ required to establish a peer-on-peer harassment claim” under Section 504 or the ADA.

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Federal appellate court denies Alabama’s request for new hearing on immigration law

As reported on CNN.com, the U.S. Court of Appeals for the Eleventh Circuit has denied a request by the state of Alabama for a new hearing on the state’s controversial immigration law, HB 56.

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Federal appellate court rules section of Alabama’s immigration law requiring schools to verify, and collect data on, enrolling students’ immigration status violates students’ equal protection rights

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled that Section 28 of Alabama’s immigration law requiring public schools to verify, and collect data on, the citizenship and immigration status of enrolling students violates the Equal Protection Clause, reversing a district court’s denial of HICA’s motion for a preliminary injunction to bar enforcement of that provision.

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Sua Sponte: Federal appellate court poised to rule on Alabama immigration law

After the June 25, 2012 decision by the U.S. Supreme Court striking down three provisions of Arizona’s controversial immigration law on the basis of federal preemption, the U.S. Court of Appeals for the Eleventh Circuit is now in a position to rule on a similar Alabama law which contains provisions that would significantly impact school districts in that state.

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Federal appellate court upholds dismissal of Title IX sexual harassment claim, despite lower court’s reliance on Title VII framework

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, GA, FL) has affirmed a federal district court’s grant of summary judgment in favor of a Georgia school district, dismissing a student’s claim of teacher-on-student sexual harassment under Title IX, even though the lower court improperly applied a Title VII framework instead of the appropriate Title IX standard of review.

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Federal appellate court will delay ruling on AL and GA immigration laws until U.S. Supreme Court decides fate of the AZ law

The Atlanta Journal-Constitution reports that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, FL, GA) announced that it would delay ruling on the constitutionality of either Alabama’s or Georgia’s anti-illegal immigration laws until the U.S. Supreme Court rules on Arizona’s law. The panel then proceeded to hear oral argument in the two cases.

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Alabama attorney general suggests revisions to state’s immigration law

The Huntsville Times reports that Alabama Attorney General (AG) Luther Strange has sent a letter to Alabama House Speaker Mike Hubbard and Senate President Del Marsh suggesting several major changes to Alabama’s immigration law.

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Federal appeals court temporarily blocks enforcement of Alabama immigration law provision requiring schools to verify new students’ status

According to an Associated Press (AP) report in the Washington Post, the U.S. Court of Appeals for the Eleventh Circuit has granted the U.S. Department of Justice’s (DOJ) motion for a preliminary injunction barring Alabama from enforcing a provision in its immigration law that requires school officials to verify the citizenship status of students enrolled after Sept. 1, 2011.

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Constitutionality of Georgia’s anti-nepotism law regarding eligibility to serve on local school boards is not subject to strict scrutiny by courts

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, GA, FL) has ruled that a federal district court erred in issuing a preliminary injunction barring Georgia’s Secretary of State from enforcing a provision in the state law making a person ineligible to serve on a local school board if that person “has an immediate family member sitting on [that] local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system.” The panel found that the district court erred when it applied strict scrutiny in analyzing the statute’s constitutionality under the Fourteenth Amendment’s Equal Protection Clause and the First Amendment provision guaranteeing freedom of association. The panel determined, however, that the lower court was correct in finding that the Secretary of State was the proper party to the suit.

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