News & Analysis as of

Public Schools Appeals

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Kohrman Jackson & Krantz LLP

What’s the Difference Between Expulsion and Dismissal? Understanding Education Sanctions

Expulsion and dismissal are the most severe sanctions an academic institution can impose. Both labels connote student separation from the school.  Whenever a student is facing expulsion or dismissal, the student should enlist...more

Parker Poe Adams & Bernstein LLP

How School Districts Can Avoid Common Errors That Lead to Reversals in Student Discipline Appeals

Georgia school districts are on track this calendar year to see a sharp uptick in the number of student discipline decisions being reversed on appeal by the Georgia State Board of Education.  While each case is...more

Harris Beach PLLC

New York Amends Regulations for Homebound Instruction for Public School Districts

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New York State recently updated the Commissioner’s Regulations related to providing homebound instruction for kindergarten through age 21 students. Homebound instruction is temporary education, typically provided in the form...more

Meyers Nave

Ninth Circuit Clarifies Mootness Exceptions for Covid-19 Litigation

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The Ninth Circuit on June 15, 2022 issued its long-awaited en banc decision in Brach v. Newsom, holding that the challenge to the California’s Covid-19 restrictions on in-person schooling is now moot.  The appeal arose from a...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Miles & Stockbridge P.C.

Maryland Teachers Not Negligent for Student Misbehavior

The Maryland Court of Special Appeals held on September 7, 2021 that Maryland public school teachers cannot be held liable in negligence for the injuries of students under their supervision at the hands of other misbehaving...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dallas County Issues Emergency Order and FAQs on Indoor Masking as COVID-19 Legal Battle Evolves

On August 11, 2021, Dallas County Judge Clay Jenkins signed an emergency executive order, taking effect at 11:59 p.m. that same day, requiring “all child care centers and Pre-K through 12 Public Schools operating in Dallas...more

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

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Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

BCLP

Eighth Circuit Sides With Schools In Constitutional Challenge to Vaccine Religious-Exemption Form

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While the topic of vaccines dominates today’s news, the Eighth Circuit recently affirmed the dismissal of constitutional challenges to Missouri’s mandatory form for requesting a religious exemption to the state’s...more

TNG Consulting

Poloceno v. Dallas Indep. Sch. Dist., No. 20-10098, 2020 WL 5494511 (5th Cir. 2020)

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Summary of procedural history: Plaintiff, the parent of A.I., an eleven-year-old student in the Dallas Independent School District (DISD), filed suit alleging DISD subjected A.I. to intentional discrimination based upon...more

Miles & Stockbridge P.C.

Fourth Circuit Again Addresses Bathroom Access Rights of the Transgendered

Gender segregation in bathrooms, which some conservatives have predicted for decades would be undermined by sex discrimination laws, has in fact proven to be a persistent target for civil rights litigation in at least one...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

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In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Barnea Jaffa Lande & Co.

Canceling Expropriation for Public Use – When?

In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered....more

Franczek P.C.

Supreme Court Issues Two Decisions With Implications for Public Schools

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The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more

Tucker Arensberg, P.C.

Court Establishes 5 Factors to Determine When A School District Offer to Resign Is Actually A Constructive Discharge

Tucker Arensberg, P.C. on

Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018).  When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more

Genova Burns LLC

Lax Adherence to Internal Company Policy Supports Cause of Action Under New Jersey’s Whistleblower Law

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The Conscientious Employee Protection Act (CEPA), New Jersey’s whistleblower law, prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain...more

Franczek P.C.

Supreme Court Justices Criticize School’s Discipline of Football Coach for Prayer During Game

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The Supreme Court recently declined to hear a case involving a public school district that fired its football coach for kneeling and praying on the football field after games. ...more

Tucker Arensberg, P.C.

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...more

Franczek P.C.

Illinois Appellate Court Case Recognizes Limitations to Tort Immunity Act in Construction Context

Franczek P.C. on

The Local Governmental and Governmental Employees Tort Immunity Act (the “Act”) limits the liability of public bodies for claims of negligence, including in cases based on performance of discretionary functions. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Orleans Charter School Operator Ordered to Bargain with Union

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

Husch Blackwell LLP

Supreme Court Paves Way For Additional School Funding In South Dakota V. Wayfair, Inc.

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The United States Supreme Court abandoned its longstanding physical presence nexus standard for sales/use tax collection previously decided in Quill Corp. v. North Dakota, 504 U.S. 298 (1992) and National Bella Hess Inc. v....more

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