NSBA Legal Clips
Archived entries for student discipline

Parents sue New York school district for right to opt-out of standardized testing, lose TRO request

A federal judge in New York denied a request for a temporary restraining order to prevent the school district from disciplining students who refused to take standardized tests.

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Elementary school students suspended by Virginia district for using pencils as guns

A group of male students at Driver Elementary School were suspended by Suffolk Public Schools officials for pointing pencils at each other and making shooting noises.

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Kentucky Supreme Court rules student was entitled to Miranda warnings before questioning by assistant principal in the presence of school resource officer

The Kentucky Supreme Court, in 4-3 split, rules that a high school student, who was detained in the school office for questioning by an assistant principal regarding giving prescription drugs to a classmate in the presence of a school resource officer, was entitled to Miranda warnings before the school official began the questioning, and therefore any incriminating statements elicited from the student are subject to suppression in a subsequent juvenile proceeding.

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Student’s suspension for “Pop Tart” gun spurs proposed legislation in Maryland

The Washington Post reports that following an elementary school student’s suspension by Anne Arundel County school officials for nibbling his Pop Tart into the shape of a gun, his father, William “B.J.” Welch, has hired attorney Robin Ficker to appeal the suspension.

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DOJ reaches agreement with Mississippi district to end racially discriminatory student discipline practices

The Associated Press reports in The Washington Post that the U.S. Department of Justice has reached a deal with the Meridian Public School District to end harsh disciplinary practices in which black students face harsher punishment than whites for similar misbehavior.

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ACLU charges Washington middle school administrator with illegal Facebook search

The Student Press Law Center reports that the American Civil Liberties Union of Washington has sent a letter to Everett School District’s superintendent, charging that Samantha Negrete, a student at North Middle School, was forced to log onto her Facebook account so Vice Principal Bryan Toutant could view it.

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Indiana district and ACLU settle lawsuit over students expelled for making Facebook threats

According to the Post-Tribune, Griffith Public Schools has settled a suit brought by the American Civil Liberties Union on behalf of three eighth-grade students expelled for comments they made on Facebook.

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Faced with suit, New Jersey district repeals 24/7 student conduct policy

As reported in phillyBurbs.com, the Delran Board of Education decided to throw out the school district’s 24/7 rule from the student code of conduct.

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ED investigating claims of racially discriminatory student discipline in Seattle district

The Seattle Times reports that the U.S. Department of Education is investigating whether Seattle Public Schools discriminates against African-American students by disciplining them “more frequently and more harshly than similarly situated white students,” said ED spokesman Jim Bradshaw.

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Florida district enters in agreement with DOJ to revise policies regarding students’ national origin and immigration status

The Palm Beach Post reports that the U.S. Department of Justice has finalized a settlement with the Palm Beach County School District over discipline and enrollment practices.

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