NSBA Legal Clips
Archived entries for student rights

Federal appellate court upholds dismissal of Title IX sexual harassment claim, despite lower court’s reliance on Title VII framework

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, GA, FL) has affirmed a federal district court’s grant of summary judgment in favor of a Georgia school district, dismissing a student’s claim of teacher-on-student sexual harassment under Title IX, even though the lower court improperly applied a Title VII framework instead of the appropriate Title IX standard of review.

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Federal appellate court hears arguments in suit over Pennsylvania district’s ban on “I ♥ Boobies!” bracelets

The Morning Call reports that Attorney John E. Freund, representing Easton Area School District (EASD), told a three-judge panel of the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, VI) during oral argument that school officials and not a federal judge are in the best position to decide whether slogans like “I ♥ Boobies!” should be banned in the classroom.

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Parent drops “I ♥ Boobies” suit against Wisconsin district

A parent who brought suit in federal court on behalf of her daughter over a school district ban on students wearing “I ♥ Boobies” bracelets at school has dropped the suit, says the Student Press Law Center.

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Student sues Georgia school over ouster as student body president for proposing LGBT-inclusive changes to prom

Acoording to an Associated Press (AP) report in the Atlanta Journal-Constitution, Reuben Lack has filed suit in federal court against administrators at Alpharetta High School over his removal as student body president.

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School discipline reformers in Colorado seek to eliminate “zero tolerance” rules

According to the Denver Post, school discipline reform has gained traction, as several organizations have mobilized efforts to dismantle what they call the “school-to-prison pipeline.” They claim policies needlessly shunt misbehaving students into the criminal justice system and disproportionately affect minorities. Meanwhile, schools fret over liability and program mandates, while youth and family advocates worry that gutting effective new approaches could render any changes pointless.

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Massachusetts court upholds students’ suspensions for participating in hazing on school basketball team

A superior court judge has declined to strip suspensions from the school records of two freshmen disciplined in a hazing scandal involving Andover High School basketball players, says the Eagle-Tribune.

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Federal court in Alabama blocks advocacy group’s access to disciplinary records of current and former students

A federal judge has declined to order Alabama’s largest school system to give the Southern Poverty Law Center (SPLC) the discipline records of 109 current or former students whose parents objected to their disclosure, says the Press-Register.

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Colorado district’s decision to limit transgender student to use of staff restrooms sparks debate over equal educational opportunities policy

A Fort Collins High School transgender student, who was born male but identifies as female, was told that she can only use the staff restrooms at the school, reports the Coloradoan. Dionne Malikowski, the student in question, argues she should have the same rights as any student to use the bathroom of her choice. But the fallout from following her convictions is prompting her to transfer to another school.

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Escalating online student feud leads to suspensions at Minnesota high school

The Minneapolis Star Tribune reports that ten Coon Rapids High School students have been suspended after a volley of harassing comments and threats on Facebook, the latest in a string of incidents that have jolted the Anoka-Hennepin School District over the past two years. The online dispute, which involved students posting invective and obscenity-laced insults, escalated into a shouting match on a stairway at the school before teachers intervened.

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Parent files suit against Pennsylvania district claiming school police officer conducted inappropriate search

The father of a female middle school student has filed suit in federal district court against the Philadelphia School District (PSD) alleging she was inappropriately touched by a PSD police officer during a pat-down for weapons, says the Philadelphia Inquirer.

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