NSBA Legal Clips
Archived entries for Student Rights & Discipline

U.S. Supreme Court hears oral arguments in Texas affirmative action case

On October 10, 2012, the U.S. Supreme Court heard oral arguments in Fisher v. University of Texas. The question before the eight justices is whether UT’s admissions process permitting the consideration of race/ethnicity as part of a holistic evaluation of a candidate’s application is constitutional.

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North Carolina Supreme Court sends student “bra search” suit back to trial court for further evidentary findings

The Associated Press reports in the Citizen-Times that the North Carolina Supreme Court has vacated the North Carolina Court of Appeals decision holding that a bra-lift search at Brunswick County Academy was “degrading, demeaning and highly intrusive.”

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Indiana teachers union sees members’ use of social media as a “slippery slope”

The Associated Press reports in the Star Press that the head of the Muncie Teachers Association is warning members about using social media to communicate with students.

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Illinois district sued over alleged strip search of middle school student

The Chicago Tribune reports that the mother of a male student at Round Lake Middle School has filed suit against Round Lake Area School District 116, the middle school’s former principal, and the school’s current assistant principal alleging the 13-year old student was illegally strip searched in April 2012.

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Texas judge extends restraining order prohibiting district from enforcing ban of cheerleaders’ religious banners at football games

The New York Times reports that Hardin County District Court Judge Steven Thomas has extended a restraining order which prohibits the Kountze Independent School District from banning the display at football games of the cheerleaders’ banners containing bible verses.

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Federal appellate court rules that an IEP’s adequacy can only be evaluated prospectively from the time of its drafting

A Second Circuit three-judge panel has ruled that in determining whether an IEP has provided a disabled student with FAPE as required by the IDEA, the adequacy of that IEP may only be evaluated prospectively as of the time it is drafted, and, thus, “retrospective testimony that the school district would have provided additional services beyond those listed in the IEP may not be considered” in a due process hearing.

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Pennsylvania middle school requires drug testing of students to participate in extracurricular activities

As reported in The New York Times, Glenn and Kathy Kiederer have filed suit against the Delaware Valley School District, claiming that mandatory drug testing to participate in any extracurricular activities was unnecessary and that it infringed on the rights of their daughters.

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University-run school sued for failure to protect Indiana elementary student from peer sex abuse

As reported by the Associated Press in the Huffington Post, the parents of a central Indiana boy are suing Ball State University, alleging their son was subjected to “horrific sexual abuse” by fellow second-graders at a university-run school who they say acted out scenes from pornographic videos they downloaded on school computers.

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Former superintendent sues Idaho districts for practice of charging students fees in violation of state constitution

The Spokesman-Review reports that a former school district superintendent has filed suit against the state of Idaho and all local school districts alleging cash-strapped schools are violating the Idaho state constitution by increasingly charging fees for what are supposed to be “free, common schools.”

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West Virginia court stays ruling on state mandatory vaccination law for children attending school

As reported by the Associated Press on WSLS10.com, Randolph County Circuit Court Judge Jaymie Godwin Wilfong has decided to delay ruling on the constitutionality of a West Virginia law requiring children to receive immunizations as a condition to attending school.

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