NSBA Legal Clips
Archived entries for Student Rights & Discipline

South Carolina district sued over elementary school graduation at Christian college chapel

The American Humanist Association has filed suit in federal court against Greenville County School District alleging that the school district’s policy of allowing one of its elementary schools to hold graduation ceremonies at a nearby Christian college violates the First Amendment’s Establishment Clause.

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Oregon State Board of Education orders school district to end use of “seclusion cells”

The Oregon Board of Education has directed the Portland school system to remove four so-called “seclusion cells,” rooms used as a place to calm down students who are out of control.

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Massachusetts Supreme Court hears oral arguments in suit challenging recitation of the Pledge of Allegiance under the state constitution

NBC News reports that Massachusetts’ highest court has heard arguments from the parties in a suit alleging that the Pledge of Allegiance’s phrase “under God” violates the state constitution’s Equal Rights Amendment.

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Suit charges Virginia board held secret meetings to develop rezoning plan that resegregates schools

The Richmond Coalition for Quality Education has filed suit against the Richmond Public School Board, says WWBT NBC 12, on behalf of parent Kimberly Jones whose daughter was re-routed to a different school, after the board voted to close Clark Springs Elementary.

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Hawaii law barring students from attending public school after age 20 violates the IDEA

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that Hawaii’s law barring students from attending public school after reaching the age of 20 violates the IDEA provision that guarantees disabled students a free appropriate public education until their 22nd birthday.

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ACLU and Indiana district spar over service animal policy

The American Civil Liberties Union of Indiana (ACLU-IN) has filed suit in federal court against the Evansville-Vanderburgh School Corporation (ECSC) on behalf of two disabled students over a policy that restricts the use of service dogs in school, according to an Associated Press (AP) report in the San Francisco Chronicle.  The suit is seeking a preliminary […]

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Sua Sponte: NSBA and other education groups urge the U.S. Supreme Court to strike down Michigan law banning consideration of race and other classifications in public education

The National School Boards Association (NSBA), along with the American Association of School Administrators, the Horace Mann League, and the National Association of Elementary School Principals, has filed an amici brief with the U.S. Supreme Court arguing that Michigan’s law prohibiting the consideration of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting unconstitutional.

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Ninth Circuit applies Tinker to off-campus online threat of school violence, upholds expulsion

Wynar v. Douglas Cnty. Sch. Dist., No. 11-17127 (9th Cir. Aug. 29, 2013) Abstract: A U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV. AK, HI, GU, MP) three-judge panel upheld the expulsion a Nevada high school student for off-campus comments made on online about carrying out a violent […]

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Students shot by gang members at school do not have a constitutional claim against district

A U.S. Court of Appeals for the Sixth Circuit three-judge panel rules that a school district was not liable for violating the substantive due process rights of student bystanders shot in the aftermath of a student fight.

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Girl sues Indiana district that bars girls from playing on middle school football team

The American Civil Liberties Union of Indiana has filed suit in federal court on behalf a female student who was barred from joining her middle school’s football team because of her gender.

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