NSBA Legal Clips
Archived entries for student enrollment

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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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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DOJ enters settlement agreement with Georgia district to ensure enrollment of ELL students

In a press release, the U.S. Department of Justice and the Henry County School District have entered into a settlement agreement to ensure that all students in the district are able to enroll in school, regardless of national origin or immigration status.

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Federal appellate court denies Alabama’s request for new hearing on immigration law

As reported on CNN.com, the U.S. Court of Appeals for the Eleventh Circuit has denied a request by the state of Alabama for a new hearing on the state’s controversial immigration law, HB 56.

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Federal court enjoins district from operating single-sex classes at West Virginia middle school

A federal district court in West Virginia has issued a preliminary injunction barring a school district from operating single-sex classes at one of its middle schools unless and until any single-sex program meets the requirements of the U.S. Constitution and Title IX.

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Federal appellate court rules section of Alabama’s immigration law requiring schools to verify, and collect data on, enrolling students’ immigration status violates students’ equal protection rights

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled that Section 28 of Alabama’s immigration law requiring public schools to verify, and collect data on, the citizenship and immigration status of enrolling students violates the Equal Protection Clause, reversing a district court’s denial of HICA’s motion for a preliminary injunction to bar enforcement of that provision.

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As enrollment drops, some school districts see higher proportion of special needs students

As reported by the Associated Press (AP) in The Washington Post, the high cost of educating students with special needs is disproportionately falling on traditional public schools as other students increasingly opt for alternatives that are not always readily open to those requiring special education.

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Sua Sponte: Federal appellate court poised to rule on Alabama immigration law

After the June 25, 2012 decision by the U.S. Supreme Court striking down three provisions of Arizona’s controversial immigration law on the basis of federal preemption, the U.S. Court of Appeals for the Eleventh Circuit is now in a position to rule on a similar Alabama law which contains provisions that would significantly impact school districts in that state.

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GAO report reveals charter schools falling short of federal mandate in enrollment of special education students

According to The Wall Street Journal, a report published by the federal Government Accountability Office has found that charter schools are not enrolling as high a portion of special education students as traditional public schools, despite federal laws mandating that publicly financed schools run by private entities take almost every disabled student seeking to enroll.

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