NSBA Legal Clips
Archived entries for Student Rights & Discipline

New Mexico Supreme Court holds minor student’s statements elicited for in-school disciplinary purposes are not admissible in a delinquency hearing in the absence of proof the student voluntarily waived his right to remain silent

New Mexico Supreme Court has ruled that a high school student’s admission to a school administrator that he had brought alcohol on school grounds and consumed it there was not admissible at the student’s delinquency hearing on the charge of possession of an alcoholic beverage by a minor under state law.

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DOJ, along with several civil rights groups, are asking federal appellate court to reinstate Title IX suit of female student used as bait in sex sting

According to an Associated Press (AP) report in the Las Vegas Review-Journal, the U.S. Department of Justice (DOJ) and 33 advocacy groups, are asking the U.S. Court of Appeals for the Eleventh Circuit to reverse U.S. Magistrate Judge Michael Putnam’s ruling dismissing a Title IX suit brought by the father of a female student who attends Sparkman Middle School in Huntsville, Alabama. The suit contends that the female was dangled as bait to lure a male eighth-grader with a history of sexual harassment to attempt to have sex with her, so he could be disciplined.

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Sua Sponte: OCR issues guidance on bullying of students with disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) has issued guidance to public schools nationwide in the form of a “Dear Colleague letter” (DCL) regarding the bullying of disabled students. The press release announcing the guidance states that the guidance details school officials’ responsibilities under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (ADA) regarding the bullying of students with disabilities. It adds, “If a student with a disability is being bullied, federal law requires schools to take immediate and appropriate action to investigate the issue and, as necessary, take steps to stop the bullying and prevent it from recurring.”

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Coalition of parents and civil rights groups files suit claiming California district’s disciplinary policies discriminate against minority students

According to Bakersfieldnow.com, Kern High School District (KHSD) is the target of a suit filed in Kern County Superior Court by a group of parents and civil rights organizations alleging that the school district’s discipline policies discriminate against Latino and African-American students.

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Mother of student who committed suicide after being bullied by peers files suit against Chicago school district

The Chicago Tribune reports that Beth Martin, the mother of McKenzie Phlipot, who attended the Peirce School of International Studies, has filed suit against Chicago Public Schools (CPS), alleging that school officials failed to address the peer bullying of her daughter that eventually led her to commit suicide.

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Fear of Ebola exposure causes schools in Ohio and Texas to shut down

According to a New York Times report in telegram.com, school districts in Ohio and Texas have closed schools after learning that two students traveled on the Cleveland-to-Dallas flight with Amber Joy Vinson, a nurse infected with Ebola, and that an employee may have later flown on the same plane.

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Sayreville conducting investigation after seven members of the football team criminally charged

The Wall Street Journal reports that seven members of the War Memorial High School (WMHS) football team were criminally charged by local prosecutors and subsequently suspended from school in connection with several alleged hazing incidents.

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Wyoming Attorney General’s opinion says students may not opt out of state assessments

The Casper Star Tribune reports that the Wyoming Attorney General’s (AG) office has issued an opinion that indicates that students may not opt out of state assessments.

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Parent’s suit alleges that disciplinary action taken against child for purchasing ADHD medication from classmate amounted to “illegal expulsion”

The Lexington Herald-Leader reports that Steve Coleman, the father of a female student who attends Woodford County High School (WCHS) in Lexington Kentucky, has filed suit in federal district court against Woodford County School District (WCSD) challenging the school district’s decision to assign her to an alternative school for violating the district’s drug policy.

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New Jersey high school cancels football season after allegations of hazing

The Washington Post reports that Sayreville, New Jersey’s schools Superintendent Richard Labbe announced that War Memorial High School would be cancelling the remainder of the football season following allegations of hazing.

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