Category: Education Law  
The School Law Blog - December 13, 2011
A federal appeals court has reinstated the lawsuit of a New York State teacher who claims she was denied tenure in retaliation for speaking out about alleged school misconduct. A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City, held unanimously that on
The School Law Blog - December 12, 2011
The U.S. Supreme Court agreed on Monday to take up Arizona's controversial law cracking down on undocumented immigrants through stronger local police enforcement. Although Arizona's law does not address school enrollment of undocumented children, the high court's eventual decision may wel
The School Law Blog - December 09, 2011
A federal appeals court has ruled against an Idaho teacher who was dismissed after she let her teaching certificate lapse, despite her claim that a mental disability kept her from completing college coursework necessary for the re-certification. A three-judge panel of the U.S. Court of Ap
The School Law Blog - December 08, 2011
A federal district judge has ruled that Alabama's property-tax system does not violate the equal-protection rights of black and poor schoolchildren in the state. In an 854-page opinion on Oct. 21, U.S. District Judge C. Lynwood Smith Jr. of Huntsville dismissed a lawsuit brought by childr
The School Law Blog - December 08, 2011
Justice Clarence Thomas on Monday said that the U.S. Supreme Court's establishment-clause jurisprudence is "in shambles." Citing divergent lower-court opinions on the display of crosses, the Ten Commandments, and other religious messages in courthouses, city halls, and public schools, Tho
The School Law Blog - December 08, 2011
The U.S. Supreme Court has declined to take up a case involving school punishment of a student for Internet speech critical of school administrators. However, two other appeals raising similar student free-speech issues are pending before the justices. The high court on Monday turned away
The School Law Blog - December 08, 2011
A federal appeals court has cast doubt on a Louisiana school district's student assignment plan that had a goal of maintaining racial balance and had allowed the district to be freed of court supervision for desegregation. A panel of the U.S. Court of Appeals for the 5th Circuit, in New O
The School Law Blog - December 08, 2011
Over the sharp dissent of one of its members, a full federal appeals court has declined to reconsider a decision that revived a lawsuit on behalf of a Louisiana student who was expelled and denied alternative education after she attended a school dance under the influence of marijuana. "I
The School Law Blog - December 08, 2011
The U.S. Supreme Court on Monday agreed to decide the constitutionality of sentencing juveniles as young as 14 to life without parole in homicide cases. The justices granted review of appeals in two cases involving 14-year-olds, one in Alabama and one in Arkansas, who are serving such sen
The School Law Blog - December 08, 2011
A high school newspaper's parody edition and other objectionable articles did not violate an Iowa student free expression statute, and a reprimand given to the faculty adviser had to be removed, a state appellate court has ruled. "Publishing articles on controversial topics or expressing
The School Law Blog - December 08, 2011
The U.S. Supreme Court on Monday declined to hear appeals concerning mandated vaccines in public schools and a school district's refusal to allow a religious group's fliers to be sent home with students. The vaccine case involves a suit filed by Jennifer Workman, who feared exposing her 6
The School Law Blog - December 08, 2011
A prominent federal appeals court judge said in a recent speech that courts should defer more to school administrators, and that students today are "spoiled and coddled" and should "learn to roll with the punches" and not be hypersensitive about political or religious messages in schools they mig
The School Law Blog - December 08, 2011
School efforts to regulate T-shirts with potentially disruptive messages have prompted two rulings by separate federal courts, with administrators winning one case but suffering a setback in the other. A federal district judge in San Francisco earlier this month upheld administrators who
The School Law Blog - December 08, 2011
The National Education Association and two other education groups have filed a friend-of-the-court brief criticizing Alabama's immigration law as being "about the power of fear." "The purpose and effect of HB 56 is to use fear and intimidation to drive undocumented immigrants and their ch
The School Law Blog - December 08, 2011
A federal law designed to expand the scope of federal job-discrimination protections cannot help save the age-bias claims of two school maintenance workers who were reassigned to lower-paying positions, a federal appeals court has ruled. The three-judge panel of the U.S. Court of Appeals