NSBA Legal Clips
Archived entries for Fourteenth Amendment

Federal appeals court rules Michigan law prohibiting school systems alone from collecting union dues via payroll deduction is constitutional

The Sixth Circuit Court of Appeals has ruled that a Michigan statute, which prohibits public schools from collecting union dues from its employees, does not violate the rights of teachers or their unions under the First Amendment and the Equal Protection Clause of the U.S. Constitution.

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Title IX suit claims New York softball venue not comparable to minor league stadium used by baseball team

A Title IX suit has been filed against a New York school district claiming the girls’ softball field is not comparable to the minor league stadium where the boys’ baseball team plays its games.

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Federal appeals court finds Kentucky out-of-district student entitled to Goss hearing prior to removal and cell phone search unconstitutional

The Sixth Circuit ruled that a school district violated an out-of-district student’s due process rights when it removed him from school without providing him with a pre-expulsion hearing, and violated his search and seizure rights when a school administrator viewed text messages on his cell phone that had been properly confiscated.

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Federal appeals court upholds school ban on Confederate flag and other protest shirts

The Fourth Circuit Court of Appeals has ruled that a school district did not violate a student’s constitutional rights by prohibiting her from wearing a T-shirt depicting the Confederate flag and other protest shirts in school.

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U.S. Supreme Court to review Michigan law banning affirmative action in public university admissions

The New York Times reports that the U.S. Supreme Court will take up the case of Schuette v. Coalition to Defend Affirmative Action, Docket No. 12-682, which involves a voter initiative, Proposal 2, in Michigan that banned racial preferences in admissions to the state’s public universities.

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Federal district court upholds dismissal of guidance counselor for writing a sexually explicit “self-help” book

An Illinois federal district court has ruled that school district officials did not violate a former high school guidance counselor’s First Amendment free speech or his Fourteenth Amendment liberty interest rights when they dismissed him from his employment based on a “self-help” book he published on relationships.

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Illinois court dismisses eavesdropping suit against former school principal

The Kane County Chronicle reports that a Kane County Circuit Court judge has dismissed a suit brought by the Geneva School District against a former school principal charging she violated Illinois’ eavesdropping law.

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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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Pennsylvania district’s policy of basing teacher salary, in part, on prior in-state teaching experience did not violate teacher’s constitutionally protected right to interstate travel

A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that a school district’s policy of basing teacher salaries, in part, on prior in-state teaching experience did not violate a teacher’s constitutional right to interstate travel.

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Arkansas school choice bill would make desegregation a goal, not a mandate

According to the Arkansas News, a bill has been introduced in the Arkansas legislature to replace the state’s public school choice law that placed racial restrictions on where students could attend school.

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