The U.S. Supreme Court heard arguments in University of Texas Southwestern Medical Center v. Nassar, a case addressing the issue of whether an employee must prove that the sole reason for an employer’s action was retaliation or if a successful discrimination claim can be made in situations where retaliation was at least one of two or more motivating factors.
Continue reading...The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.
Continue reading...On March 11, 2013, NSBA filed an amicus curiae brief in an employment case asking the U.S. Supreme Court not to hamper school districts’ abilities to discipline or fire employees.
Continue reading...In a 2-1 split, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has temporarily stayed the portion of a federal district court order preliminarily enjoining the state of Louisiana from implementing its recently enacted private school voucher program as applied to the Tangipahoa Parish School District.
Continue reading...The Associated Press reports in the Sun Herald that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has heard arguments in a suit over the suspension of a student from a Mississippi school district for posting online a rap song he recorded that accused two coaches of misconduct with female students.
Continue reading...On October 10, 2012, the U.S. Supreme Court heard oral arguments in Fisher v. University of Texas. The question before the eight justices is whether UT’s admissions process permitting the consideration of race/ethnicity as part of a holistic evaluation of a candidate’s application is constitutional.
Continue reading...On August 13, 2012, NSBA, along with the College Board and eleven other education organizations, filed an amici curiae brief in Fisher v. University of Texas, now before the U.S. Supreme Court, to assist the Court in its review of the decision by the U.S. Court of Appeals for the Fifth Circuit that upheld the constitutionality of the college’s admissions process permitting the consideration of race/ethnicity as part of a holistic evaluation of a candidate’s application.
Continue reading...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.
Continue reading...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.
Continue reading...Bloomberg Businessweek reports that the U.S. Supreme Court has denied review in two suits involving Texas elementary school students handing out Christian-themed gifts during classroom parties.
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