School Law

Perdue v. Kenny A. (U.S. Sup. Ct.)

Section 1988:  Attorneys’ fees--Enhancement award based on quality of representation and results achieved. Filed June 29, 2009.

Marshall Joint School District No. 2 v. C.D. (7th Cir.)

IDEA: eligibility for special education—determination of whether child’s health condition adversely affects educational performance.  Filed August 21, 2009.

Horne and Speaker of the Arizona House of Representatives v. Flores (U.S. Sup. Ct.)

Equal Educational Opportunities Act:  Adequacy of State funding of English Language Learner programs—interpretation of “appropriate action” requirement; effect of NCLB on EEOA. Filed March 25, 2009. 

NSBA Amicus Brief - Gross v. FBL Financial Services (U.S. Sup. Ct.)

Age Discrimination in Employment Act:  burden of proof--mixed motive instruction.  Filed 3/4/09.

NSBA Amicus Brief - Forest Grove School Dist. v. T.A. (U.S. Sup. Ct.—Merits)

IDEA: tuition reimbursement—child who has not received special education services from school district.  Filed 3/4/2009.

NSBA Amicus Brief - El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.)

IDEA: Settlement offer –enforceability without court review; mootness of lawsuit seeking same relief as rejected settlement offer. Filed 3/12/09.

NSBA Amicus Brief Committee for Educational Equality v. State of Missouri (Mo.)

Finance: Adequacy of state funding of schools under Missouri constitution; how other state courts have evaluated funding adequacy claims under state constitutions. Brief filed by Missouri School Boards’ Association, prepared by Education Justice at Education Law Center, and also joined by the Rural Schools and Community Trust. Filed 1/26/2009.

NSBA Amicus Brief - Nurre v. Whitehead (9th Cir.)

First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.

Butler v. Rio Rancho Public Schools Board of Education, No. 02-2199 (10th Cir. Aug. 25, 2003)

The U.S. Court of Appeals for the Tenth Circuit has ruled that a school district did not violate a student’s right to substantive due process by suspending him when he should have known that he brought a weapon onto school grounds. Stephen Butler, a student at Rio Rancho Public Schools (N.M.), was suspended after school officials discovered weapons and drug paraphernalia in his brother’s car, which he had driven to school that day. Stephen claimed not to have known of his brother’s contraband and challenged his suspension in court.


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