NSBA Legal Clips
Archived entries for student assignment

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 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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New Jersey court finds no violation of state anti-discrimination law in district’s assignment of special education students to one school

A Bergen County Superior Court has ruled that a school district had not failed to provide disabled students receiving special education services with reasonable accommodations in violation of the New Jersey Law Against Discrimination when the district assigned those students to one school, rather than assigning each to their neighborhood school.

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Federal court returns control of transporting special education students to D.C. schools

According to a report in The Washington Post, a federal court has dismissed a 17-year lawsuit over the transportation of D.C. special education students, giving the city final approval to control its own school buses.

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Kentucky Supreme Court rules district’s student assignment plan does not violate state statute regarding enrollment in neighborhood schools

In a 5-2 decision, the Kentucky Supreme Court has ruled that Jefferson County Public Schools’ student assignment plan does not violate a state statute providing for where parents may enroll their child, but not where they may necessarily attend school.

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Federal appellate court vacates district court decision granting summary judgment in favor of Kentucky board in diabetic student’s discrimination suit

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has vacated a Kentucky federal district court’s decision granting summary judgment to a school board, but affirmed summary judgment in favor of the district’s superintendent, in a suit by a diabetic student claiming the board’s refusal to allow him to attend his neighborhood school violated Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fourteenth Amendment’s Due Process and Equal Protection Clauses.

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State court judge rules in favor of Virginia school board in boundary case

As reported in The Washington Post, Virginia State Circuit Court Judge Thomas D. Horne has denied two Leesburg communities’ petition challenging the Loudoun County School Board’s rezoning plan, which altered boundaries so that more than 600 students were assigned to the new Frederick Douglass Elementary School.

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Civil rights group plans to appeal ruling that Nashville district’s attendance zone policy does not intentionally discriminate against African-American students

Nashville Public Radio reports on wpln.org that the Nashville, Tennessee chapter of the National Association for the Advancement of Colored People plans to appeal a state court ruling that Nashville Metro Schools’ attendance zones do not intentionally discriminate against African-American students.

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Alabama district and DOJ reach agreement on proposed consent decree in 1963 desegregation case

According to the Birmingham News, the Fort Payne City School District has reached a settlement in a nearly 50-year-old school desegregation lawsuit with the U.S. Department of Justice.

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Class action suit over Nashville district’s student assignment plan goes to trial

The Tennessean reports that a class action suit charging that Metro Nashville school district’s redistricting plan catered to white families and rezoned black students out of affluent, higher-achieving schools is set to go to trial this week.

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