NSBA Legal Clips
Archived entries for Sixth Circuit

Federal appellate court rules Tennessee district’s student assignment plan does not violate African-American students’ equal protection rights

The Sixth Circuit has ruled that a Tennessee school district’s student assignment plan does not violate African-American students’ Fourteenth Amendment equal protection rights.

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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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Federal appeals court rules school nurse has qualified immunity in suit over medically motivated examination of student’s genitals

The Sixth Circuit Court of Appeals (MI, OH, KY, TH) has ruled that a school nurse, who conducted a medically motivated visual examination of the vaginal area of a 6 year old student, was entitled to qualified immunity from a suit alleging the nurse’s examination constituted an unreasonable search in violation of the student’s Fourth Amendment rights, because the right was not clearly established.

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Federal appeals court rules parents of diabetic student stated valid claim of retaliation under disability laws based on principal’s child abuse report of parents after they requested accommodations

A U.S. Court of Appeals for the Sixth Circuit (MI, OH, KY, TN) three-judge panel has ruled that the parents of a diabetic student have stated a valid claim for retaliation under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation ACT (§ 504 ) based on the school’s principal reporting the parents for suspected medical abuse after the parents requested certain disability accommodations for the student.

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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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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 appellate court rejects teacher’s retaliation suit based on removal as coach

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has affirmed a federal district court’s decision granting summary judgment in favor of a school district in a suit brought by a teacher/athletic coach claiming she was dismissed as the girls varsity basketball coach and suffered other acts of harassment in retaliation for having previously brought a Title VII sex discrimination suit in regard to the boys varsity basketball coaching position.

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Federal appellate court rules Ohio district is not liable for teacher’s sexual abuse of student

A three-judge panel for the U.S. Court of Appeals for the Sixth Circuit has ruled that an Ohio school district is not liable under either Title IX or Section 1983 for a teacher’s sexual abuse of a student.

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Federal appellate court rules former Michigan school security guards were not deprived of due process when they were terminated

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision granting judgment to a school district, ruling that the district did not deprive school security guards of property without due process of law when it terminated their employment without notice or hearing to outsource their positions.

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Federal appellate court finds Michigan amendment prohibiting race-conscious admissions policies unconstitutional

In an 8-7 split en banc decision, the U.S. Court of Appeals for the Sixth Circuit has ruled that the provision in Michigan’s Proposal 2, a voter-approved ballot initiative amending the state constitution to prohibit public colleges and universities from using race-conscious admissions policies, violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

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