Recent Decisions- Primary &Amp; Secondary Education

Summary

---

Student sued school district for violation of due process rights after she was not allowed to graduate. Three years later, the student sued the school district alleging a due process violation for not being able to participate in the graduation ceremony. School therapist sued her former school district and her former supervisor for retaliation and wrongful termination under Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act.

See the full content of this document

Extract

---

Recent Decisions- Primary &Amp; Secondary Education

Constitutional Claims & Civil Rights

Students and their parents sued school officials and dean alleging strip search ordered by dean was unconstitutional. The students claimed the dean ordered them to disrobe when a peer in their gym class reported $60 stolen. Held: For the school officials in part and for the students and parents in part. Since the female dean was the only school official involved in the strip search, charges against other school officials were dismissed. However, the students might succeed in their claim against the dean if they can show that the dean had no individualized suspicion that they committed the theft. Carlson ex rel. Stuczynski v. Bremen High Sch. Dist., 423 F. Supp. 2d 823 (N.D. Ill. 2006).

Student filed motion against state to suppress evidence found when law enforcement officer searched him at school. A student was overheard making plans to sell drugs in school. The principal contacted a law enforcement officer and asked him to come to the school to search the suspected student. The officer did not question the student before he conducted the search, but searched the student at the request of the principal. A bag of marijuana was found in the student's pocket. Held: For the student. Since the officer, himself, did not question the student before he conducted the search, he did not establish probable cause. Probable cause to search is a requirement if a law enforcement officer is involved in a search at a school. Suppression of evidence was warranted. State v. K.L.M., 628 S.E.2d 651 (Ga. App. 2006).

Student sued school officials and Board of Education claiming discrimination in enforcement of disciplinary procedures. An African-American student at a predominately Caucasian high school sued the school principal, school board and others when she was suspended longer than her Caucasian peers, allegedly, because of her race rather than a new anti-bullying rule. Held: For the student in part, and for the officials in part. Some school officials were liable under state law because they did not apply the student's punishment to similarly situated Caucasian students. However, the superintendent, who had acted only as a voting member of the board, was not liable for the student's injury. Barmore v. Aidala, 419 F. Supp. 2d 193 (N.D.N.Y. 2005).

Parent sued Department of Education on behalf of her sons claiming their First Amendment rights were being violated. The Education Department allowed Christmas trees and wreaths, but not nativity scenes, to be included in t...

See the full content of this document

---