NSBA Legal Clips
Archived entries for Seventh Circuit

Federal appellate court rules Illinois substitute teachers do not earn credit toward tenure

The Seventh Circuit has ruled that under Illinois state law substitute teachers do not have probationary status or tenure eligibility and therefore time spent as a full-time substitute teacher can not be considered in the four-year requirement to award tenure.

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Federal appellate court rejects Illinois principal’s First Amendment retaliation claim for reporting her predecessor’s financial misconduct

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that school district officials in Illinois did not retaliate against a former middle school principal for exercising her First Amendment free speech rights by reporting her predecessor’s misuse of district funds.

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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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Wisconsin district petitions the U.S. Supreme Court to review ruling in church graduation case

According to a report in the Milwaukee Journal Sentinel, the First Amendment dispute over Brookfield public high school graduations inside Elmbrook Church could be headed to the U.S. Supreme Court.

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Federal appellate court finds no First Amendment violation for dismissal of public employee for political affiliation

A three-judge panel of the United States Court of Appeals for the Seventh Circuit has upheld the district court’s grant of summary judgment in favor of Calumet City, finding no First Amendment violation for the dismissal of Jay Embry, a public employee who claimed retaliation after backing the “wrong” candidate, because he held a policy-making position and could be removed from office solely for his political affiliation.

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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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Federal appellate court rules Wisconsin district is not liable for Title IX teacher-on-student sexual harassment

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that a school district is not liable under Title IX for teacher-on-student sexual harassment because teachers’ alerts to a school administrator of their suspicion that a female co-worker had an inappropriate relationship with a student did not constitute actual notice of sexual harassment.

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Federal appellate court rules Illinois teacher stated valid First Amendment retaliation claim based on filing criminal complaint against student

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that a former teacher, who was forced to resign, has stated a valid cause of action for retaliation for exercising his free speech rights when he filed a criminal complaint against a student who threatened to assault him, rejecting the school district’s argument that the complaint did not involve a matter of public concern.

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Federal appellate court rules Wisconsin district holding graduation ceremonies in church violated students’ constitutional rights

In an en banc decision, a majority of the U.S. Court of Appeals for the Seventh Circuit held that a Wisconsin school district violated its students’ rights under the Establishment Clause when it held graduation ceremonies for two of its high schools at a local Christian church.

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Federal appellate court’s ruling sustains jury verdict in favor of teacher with seasonal affective disorder claiming ADA violation

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirmed a Wisconsin federal district court’s decision to deny a school district’s motion for judgment as a matter of law, letting stand a jury verdict in favor of a teacher with seasonal affective disorder who claimed the school district failed to accommodate her disability in violation of the Americans with Disabilities Act.

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