NSBA Legal Clips
Archived entries for student safety

Family files $8.3 million suit against Virginia district for bullying incident, citing a national “Pandemic”

A Virginia family has filed suit in federal court seeking $8.3 million from the Appomattox County School Board and school employees as a result of a bus bullying incident.

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Federal appellate court rules disabled student failed to state a claim for peer sexual harassment under § 504, has valid claim under § 504 for district’s refusal to make reasonable safety accommodations to IEP

The Fifth Circuit Court of Appeals has ruled that a disabled student stated a valid §504 claim that the school district committed gross misjudgment in failing to modify her IEP to safeguard her after three incidents of alleged sexual abuse by students, but failed to state a claim against the district for liability based on student-on-student sexual harassment.

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Legislative efforts to allow armed teachers have mixed results

Legislative efforts to allow armed teachers have had mixed results.

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Former student’s Title IX suit faults Michigan district’s response to sexual assault and cyberbullying reports

A Michigan former high student student is suing school officials under Title IX claiming they failed to properly investigate allegations she was sexually assaulted at school by a prominent athlete, and ignored her claims of cyberbullying that forced her to leave school.

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Supreme Court finds drug dog search on house porch to be an unreasonable search

The United States Supreme Court, in a 5-4 decision, held that use of a drug-sniffing dog by police officers on the front porch of a suspect’s home, without probable cause, a search warrant, or the homeowner’s consent, constituted an unreasonable search under the Fourth Amendment.

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NRA unveils school safety recommendations

A National Rifle Association (NRA) task force has issued a report, in response to the Newtown, Connecticut school shooting, recommending the creation of programs that give additional weapons training to school resource officers as well as “selected and designated school personnel” who could then carry arms.

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Connecticut teachers union supports bill providing immunity for teachers in student fights

According to the Connecticut Law Tribune, the Connecticut Education Association is urging lawmakers to pass a bill that will allow teachers to decide on their own whether or not to break up student fights.

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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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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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Federal judge denies Pennsylvania district’s motion to dismiss student wrongful death suit

The Express-Times reports that a federal district court judge has allowed a student wrongful death suit against Bethlehem Area School District to proceed.

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