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.
Continue reading...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.
Continue reading...On January 1, 2012, Illinois H.B. 3281, which allows school boards and administrators to suspend or expel a student if that student threatens a school employee, another student or any school-related personnel on the Internet or any social networking website, took effect, reports the Belleville News-Democrat.
Continue reading...The U.S. Court of Appeals for the Eighth Circuit, in a three-judge panel decision, has ruled that a school district that suspended a student for off-campus instant message communications with a classmate did not violate the student’s free speech rights because the student’s speech constituted unprotected true threats. The panel also concluded that the school district was justified in disciplining under the substantial disruption standard established in Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969).
Continue reading...The Wisconsin Supreme Court, in a 4-3 decision, has ruled that a state court does not have statutory authority to order a school district to provide alternative educational services to a student expelled from school in accordance with a lawful and unchallenged expulsion order. The court concluded that even though state law governing delinquency petitions requires a school board to cooperate with the court in regard to a student or former student who is the subject of a delinquency petition, that law “does not require a school board or a school district to provide alternative educational resources to a juvenile who has been expelled from school” pursuant to the state governing a school board’s authority to expel a student.
Continue reading...A Fairfax County Public Schools (FCPS) student was removed from class by an assistant principal, reports the Washington Post, after classmates reported that the student had been heard saying he’d smoked marijuana with five other boys, days earlier, after school hours, off campus. After being sent to an office, a police officer arrived. According to the student’s mother, Dawn Daugherty,her son initially declined the opportunity to call, but did so after the officer told him to confess or risk “doing time.” The Supreme Court recently weighed in on some of the questions raised by the increased police presence in schools, but did not provide specific guidelines.
Continue reading...On Point reports that the Smith-Green Community School Corp. (SGCSC) has filed a motion asking a federal district court to dismiss a suit brought by two Churubusco High School (CHS) students who were disciplined for posting online photos in which they posed with phallic lollipops.
Continue reading...The Contra Costa Times reports that a Humboldt County Superior Court has ruled that an Arcata High School (AHS) student’s lawsuit against the Northern Humboldt Union High School District (NHUSD) can proceed. The court for the most part denied NHUSD’s motion to dismiss the suit, instead, finding the student had stated valid claims that AHS officials violated his constitutional free speech rights. The suit stems from a February 2010 incident involving Espinosa wearing a sweatshirt to school emblazoned with the words “Humboldt 4:21, Just Did It” over the Nike Swoosh logo.
Continue reading...A three-judge panel of the U.S Court of Appeals for the Seventh Circuit (IL, IN, WI) has ruled that students are entitled to a permanent injunction prohibiting a school district from banning them from wearing clothing at school displaying the message “Be Happy, Not Gay,” plus nominal damages. The panel concluded that the evidence presented by the school district was insufficient to satisfy the Tinker substantial disruption standard.
Continue reading...According to the New York Times, the New York Civil Liberties Union (NYCLU) has issued a report that finds that the number of New York City students suspended since Mayor Michael Bloomberg took control of the school system six years ago, implementing a zero tolerance toward student misconduct, has more than doubled. The NYCLU report echoes a nationwide trend toward mandatory suspensions for an increasing variety of infractions. In the city, at least, the suspensions have also kept students away from the classroom for longer periods.
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