NSBA Legal Clips
Archived entries for Fourteenth Amendment

Federal appellate court upholds Kentucky state athletic association’s bylaw capping “merit-based” financial aid private school students may receive and maintain athletic elligibility

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a state athletic association’s bylaw limiting the amount of “merit-based” financial aid a private school student may receive to maintain athletic eligibility does not violate students’ First and Fourteenth Amendment rights.

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New York district hit with race discrimination suit by three former employees

The Long Island Herald reports that three African-American former employees of Malverne Union Free School District (MUFSD) have filed suit in federal court against the district and several school administrators, alleging racial discrimination.

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Federal district court rules student has cause of action for violation of privacy rights after school officials disclosed sexual orientation to her mother

A federal district court in Texas has ruled that a student has stated a valid cause of action for violation of her substantive due process right to privacy based on school officials’ disclosure of her sexual orientation to her mother. The court denied the officials’ assertion of qualified immunity and upheld the claim alleging municipal liability.

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Federal district court upholds school officials’ Cinco de Mayo Day ban on students’ American flag T-shirts

A federal district in California has granted an assistant high school principal’s motion for summary judgment, dismissing the free speech, equal protection and due process claims of students whom he prohibited from wearing T-shirts displaying the American flag on Cinco de Mayo Day. The court also dismissed all the claims against the school district on the ground that it was entitled to Eleventh Amendment sovereign immunity from the suit.

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Federal appellate court holds African-American parent stated valid claim that Louisiana district’s student assignment plan is racially discriminatory

In a 2-1 split, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has ruled that an African-American parent stated a valid equal protection claim against a Louisiana school district. The parent claims that the district’s student assignment plan assigns a disproportionate number of “at risk” students to predominantly minority schools in the district, thereby discriminating against minority students based on their race.

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Federal appellate court rules district’s decision not to renew contract did not violate employee’s due process or free speech rights

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has ruled that an Oklahoma school board did not a violate a former high school secretary’s procedural due process rights by failing to conduct an impartial non-renewal hearing. The panel also concluded that the employee had failed to state a valid claim for First Amendment retaliation, or age or sex discrimination.

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Federal district court rules parents of student with autism stated valid claim that charter school employees’ use of corporal punishment violated student’s substantive due process rights

A federal district court in Florida has ruled that parents of a student with autism have stated a valid claim that charter school employees’ use of excessive force constituted a violation of the student’s substantive due process rights.

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Federal district court rules Pennsylvania school district not liable for peer bullying

A federal district court in Pennsylvania has granted summary judgment in favor of a school district and individual school officials in a suit brought by a former student who claimed the defendants violated her constitutional rights to free association, equal protection, and procedural and substantive due process because school officials failed to discipline the students who were bullying her.

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Student paralyzed by beating sues bully’s parent and school officials

According to Courthouse News Service, a Pennsylvania student, permanently paralyzed after he was thrown into a brick wall and subjected to a “brutal attack” by a class bully at Central Columbia Middle School, has filed suit in federal court against the bully, his mother, Columbia School District and a number of school officials.

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Federal appellate court holds Iowa school district did not violate noncustodial parent’s constitutional rights by denying access to children and records

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled that a school district did not violate a noncustodial parent’s substantive due process, procedural due process, or equal protection rights when school officials denied her access to her children during school hours and denied her access to their educational records.

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