NSBA Legal Clips
Archived entries for Student Rights & Discipline

Parents’ suit claims Tennessee district failed to provide accommodations for their child’s peanut allergy as required by ADA

According to The Tennessean, the parents of an elementary school student, identified as A.G. who has a peanut allergy, has filed suit in federal court against Cheatham County Board of Education (CCBOE) and the principal of Ashland City Elementary School.

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Fourth Circuit panel hears oral argument in case over expansion of Davis deliberate indifference standard

On December 10, 2014, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit heard oral argument in Does v. Board of Education of Prince George’s County, No. 13-2537. The appeal addresses the issue of whether the deliberate indifference standard established for student-on-student sexual harassment claims, in Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999), should be relaxed to incorporate common law negligence principles .

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Sale of millions of student records during tech company’s bankruptcy proceeding raises privacy concerns

According to Education Week, ConnectEDU Inc., a company that is seeking protection under Chapter 11 of the federal bankruptcy law, transferred ownership of 20 million student records. The sale of ConnectEDU occurred without the company abiding strictly to its privacy policy, creating a cautionary tale for school districts, and a complex challenge for the ed-tech industry.

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Georgia appellate court rules parents of minor who libeled classmate by creating false Facebook account and posting defamatory statements and images to that account using a computer and Internet access provided by the parents can be held liable based on a theory of negligent supervision

The Georgia Court of Appeals has ruled that the parents of a minor, who libeled a classmate by creating a false Facebook account and posting defamatory comments and images to that account, using a computer and Internet access provided by the parents, can be held liable for negligent supervision.

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University of New Mexico student’s free speech claim survives motion to dismiss in federal court

A federal district court in New Mexico rejected the student’s assertion that her curricular speech was governed by the standard enunciated in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), which holds that restrictions on curricular speech are permitted provided they are reasonably related to legitimate pedagogical concerns subject to the caveat that such restrictions are viewpoint neutral. However, it concluded that the student had pleaded facts sufficient to show there was a First Amendment conflict between the ” all-views-are-welcome” promised in the syllabus versus the instructor’s “only-those-views-I-personally-agree-with-are-acceptable” implementation of the classroom forum.

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Maine court orders school district to pay $75,000 in discrimination suit brought by transgender student

The Portland Press Herald reports that Penobscot County Superior Court has ordered Orono school district to pay $75,000 to Gay and Lesbian Advocates and Defenders (GLAD) and attorney Berman Simmons, who represent transgender student Nicole Maines in her discrimination suit

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U.S. Supreme Court hears argument in case involving whether online posting amounted to a “true threat” for purposes of a federal criminal statute

On Monday, December 1, 2014, the U.S. Supreme Court heard oral argument in Elonis v. United States, 13-983. Commenting on the argument, SCOTUSblog said: “At issue in the case is whether a Pennsylvania man’s conviction for making threats on Facebook should stand when he claims he was just ‘venting’ about his personal problems and did not actually mean to threaten his ex-wife and an FBI agent.”

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Illinois athletic association hit with class action suit over concussions

The Claims Journal reports that a class action suit has been filed in Cook County Circuit Court against the Illinois High School Association (IHSA), alleging that ISHA failed to do enough to protect Daniel Bukal, a former high school football player, from concussions when he played and that it still doesn’t do enough to protect current players.

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Sua Sponte: OCR issues guidance on single-sex classes and extracurricular activities

The U.S. Department of Education’s (ED) Office for Civil Rights (OCR) has issued guidance on Title IX and single-sex classes and extracurricular activities. The guidance, which is the form of questions and answers (Q&A), is titled “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities.”

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Student suspended for proselytizing activities on campus sues Washington state district

According to The Seattle Times, Michael Leal, a Cascade High School (CHS) student, has filed suit against Everett Public Schools (EPS), charging that CHS officials violated his First Amendment rights by suspending him for repeatedly handing out Christian tracts and preaching to other students on campus and during school activities.

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