NSBA Legal Clips
Archived entries for Equal Protection

Ohio federal court dismisses peer bullying/harassment suit against district in student suicide case

An Ohio federal district court has granted a school district’s motion for summary judgment in a suit brought by the parents of a high school student who committed suicide, claiming that the student was repeatedly subjected to peer bullying and harassment in violation of her Fourteenth Amendment substantive and procedural due process rights, Fourteenth Amendment equal protection rights, Title VI and Title IX rights, and under Section 1983 related to a municipal liability claim based on the failure to train.

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Federal appellate court upholds amendments to Wisconsin labor law affecting rights of one class of public workers

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has unanimously affirmed a federal district court’s decision that a provision in Wisconsin’s Act 10, which restricts the collective bargaining rights of public workers classified as “general employees”, is constitutional.

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Federal district court allows Texas district to require student to wear ID badge on campus

A federal district court in Texas has denied a student’s motion for a preliminary injunction barring a school district from transferring her from the specialty program she attends back to her base school because she refuses to wear the required ID badge while on campus.

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Consent decree in Title IX suit over disparities in scheduling girls’ basketball games sets legal precedent in Seventh Circuit

The Associated Press reports in The Republic that a federal judge in Indiana has signed a consent decree between the Franklin County Community School Corp., former girls basketball coach Amber Parker, and nine of its opponent schools which calls for girls’ and boys’ games to be scheduled equally by the 2016-17 school year, with interim steps until then.

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Wisconsin judge strikes down major portions of state’s union law as unconstitutional

As reported in The New York Times, Judge Juan B. Colás of Dane County Circuit Court struck down much of the 2011 state law pushed through by Wisconsin Governor Scott Walker that severely restricts the ability of public employees to bargain collectively.

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Federal appellate court rules that use of desk with a restraint did not violate disabled student’s Fourth or Fourteenth Amendment rights

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has ruled that a Colorado teacher’s use of a desk with a restraint did not violate a disabled student’s rights against an unreasonable seizure under the Fourth Amendment, and her Fourteenth Amendment due process and equal protection rights.

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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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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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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 court rules Georgia district is not liable for bullying of student who committed suicide

In a suit that has received national attention, the ATLAW Daily Report says a federal judge in Rome, Georgia, has determined that a high school student who hanged himself in 2009 likely was subjected to severe and pervasive bullying throughout his high school career, but that the school system had responded effectively every time school administrators were alerted that the teen had been bullied.

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