News & Analysis as of

School Districts Public Schools Appeals

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

Franczek P.C.

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

Franczek P.C. on

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

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

TNG Consulting

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

TNG Consulting on

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

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

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

Tucker Arensberg, P.C.

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

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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

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

Tucker Arensberg, P.C.

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

Tucker Arensberg, P.C. on

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the...more

Fisher Phillips

SCOTUS Service Dog Decision Could Spell Bad News For Schools

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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

Franczek P.C.

Appellate Court Determines that Student Handbook is not a Contract

Franczek 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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Franczek P.C.

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

Franczek 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

Franczek P.C.

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

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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

Haight Brown & Bonesteel LLP

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

Pullman & Comley - School Law

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

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