News & Analysis as of

School Districts Appeals

SCOTUS Service Dog Decision Could Spell Bad News For Schools

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

Appellate Court Determines that Student Handbook is not a Contract

by Franczek Radelet P.C. on

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

by Tucker Arensberg, P.C. on

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating...more

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

by Best Best & Krieger LLP on

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds - A public official need not be in charge of public funds to be convicted of misappropriating them, the California Supreme Court...more

Pennsylvania Court Confirms That School Districts May Target High Value Properties When Appealing Tax Assessments For The Purpose...

by Tucker Arensberg, P.C. on

Valley Forge Towers Apts. N, LP v. Upper Merion Area School District, 124 A.3d 363, 365 (Pa. Commw. Ct. 2015). The Pennsylvania Commonwealth Court holds that when a school district has reasonable and financial considerations...more

School district’s condemnation of a private road passes the test

by Snell & Wilmer on

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Pennsylvania Court Refuses to Enforce “No Damages for Delay” Clause

by Saul Ewing LLP on

A Pennsylvania appellate court recently refused to enforce a “no damages for delay” clause and upheld an award of delay damages against a school district where the district actively interfered with a general contractor’s...more

Seventh Circuit Finds School District Not Liable in Bullying Case

by Franczek Radelet P.C. on

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

Back To The Chalk Board: School District’s Math Fails To Justify CEQA Categorical Exemption For School Closures

by Miller Starr Regalia on

In a published opinion filed September 2, 2015, the Fourth District Court of Appeal (Division 2) reversed the trial court’s judgment denying a writ petition challenging a school district’s determination that its closure of...more

Supreme Court Affirms Ruling That School District Has Duty To Transport Student To And From Father’s And Mother’s Separate...

by Tucker Arensberg, P.C. on

Watts v. Manheim Central School District, 112 MAP 2014 (Pa. 2015). The Pennsylvania Supreme Court affirmed an earlier ruling of the Commonwealth Court that, when a school district provides transportation, it must transport a...more

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

by Franczek Radelet P.C. on

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

Courts Will Go Above and Beyond to Award Attorneys’ Fees for Unreasonably Withholding Public Records

In a novel and somewhat convoluted fact pattern, the California Court of Appeal yet again sent a loud and clear message: The purpose of the California Public Records Act ("CPRA") is to monitor governmental activities despite...more

Parents Can Litigate IDEA Claims When Adult Students Have Delegated Education Rights

by Franczek Radelet P.C. on

The Seventh Circuit Court of Appeals, which has jurisdiction over Illinois, Indiana, and Wisconsin, recently held that even where a disabled student has reached the age of majority under state law, his parents may litigate...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

by Franczek Radelet P.C. on

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

Sometimes it Depends on “Whose” Hand is in the Cookie Jar

In a lengthy and somewhat detailed decision, the California Court of Appeal for First District, in Pittsburg Unified School District v. S.J. Amoroso Construction Company, Inc., Case No. A138825 (December 22, 2014), held that...more

McKee v. Peoria Unified School District: Court of Appeals Reverses Judgment Against School District in Public Records Case

In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....more

California Court Overturns Employee’s Jury Verdict in Reverse Discrimination Case

Norton v. San Bernardino City Unified School District, No. G049496 (October 9, 2014): A California Court of Appeal recently overturned a jury verdict against an employer on the basis that the jury was incorrectly instructed...more

Suing the State: Class Action or "Mass Action"

by Foley & Lardner LLP on

Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014)....more

School District Found to Have Engaged in ‘Bait and Switch’ on Teaching Assistant Unemployment Benefits

In Tameka Gladney v. Mississippi Department of Employment Security, the Mississippi Court of Appeals reinstated a teacher assistant’s unemployment benefits finding that the district had been less than fair to her. At the end...more

Summertime Blues: T.M. v. Cornwall and The Mainstreaming of Extended-School-Year Programs

In a decision that will likely result in both practical challenges and financial burdens for public school districts, the United States Court of Appeals for the Second Circuit held in T.M. v. Cornwall Central School District...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

by Franczek Radelet P.C. on

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

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