On April 29, 2013, the U.S. Supreme Court ruled in McBurney v. Young that it’s legal for a state to limit use of its Freedom of Information Act to its own residents.
Continue reading...A U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) three-judge panel has ruled that a U.S. Circuit Court of Appeals has jurisdiction to review a U.S. Department of Education determination regarding a state’s request for a waiver from its “maintenance of effort” requirement under the Individuals with Disabilities Education Act.
Continue reading...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.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that a disabled student unilaterally placed in a private school is not entitled to special education services under Section 504.
Continue reading...According to heraldonline.com, the U.S. Supreme Court has declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit allowing Spartanburg School District 7 in South Carolina to issue academic credit to students for off-campus religious instruction through Spartanburg County Bible Education in School Time.
Continue reading...On October 25, 2012, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit heard oral arguments in D.L. v. Board of School Commissioners of Baltimore City, No. 11-2041. The question before the three-judge panel is whether a disabled student, who was unilaterally placed in a private school, is entitled to special education services under Section 504 at a public school district’s expense.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has affirmed a federal district court’s decision granting summary judgment to a South Carolina school district on the ground that its released time policy allowing students to earn academic credit for off-campus religious instruction does not violate the First Amendment’s Establishment Clause.
Continue reading...In a 2-1 split, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) has ruled that a federal district court erred when, in examining the plaintiffs’ motion for injunctive and other relief for an alleged breach of a settlement agreement and consent order, it failed to apply, and require a North Carolina school district to rebut, the presumption that any racial disparities in its 2011-2012 assignment plan resulted from the school board’s prior unconstitutional conduct in operating a racially segregated school district.
Continue reading...Education Week reports that the parents of a disabled student have appealed a decision by a Maryland federal district court denying their claim that the Baltimore City school system is required to provide their son with services under Section 504 of the Rehabilitation Act of 1973 (Section 504), despite the fact that he is enrolled in private school.
Continue reading...Several national media outlets reported on the Supreme Court’s denial of certiorari in three student internet speech cases, J.S. v. Blue Mountain Sch. Dist. (combined with Layshock v. Hermitage Sch. Dist.) and Kowalksi v. Berkeley Count Sch. In each of these cases, a student had used offensive language online, after school hours, to berate school administrators or a fellow student.
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