School Law Bulletin 2003: Vol 30 Index

3 Pages·2003·1.2 MB·English

SCHOOL
BULLETIN
~I NDEX 2003
VOLUME 30
Month Page Month Page
A Note on Cybereducation Gender Discrimination
Virtual schoolhouse, but a real education? ...........ccceeeeeseseeeeee Aug. Director of special education contests reassignment,
Age Discrimination SNIICLIN CREME OAM BR c oreo sdeadcacedcs nngiusais tprecsaitoarvattetelacaciionipacieiee Feb. 2
Teacher claims transfer to another position was an adverse Governmental Immunity
employment action, McCrary (10th Cir.) June Board of education dismissed personal injury claim despite
Charter School having liability insurance, Casey (KY)
Charter school seeks establishment in school district’s
Harassment & Sexual Orientation
boundaries, Board of Education of the Riverhead Central
Students say they suffered anti-gay harassment by their
School District (NY)
classmates and school was indifferent, Flores (9th Cir.)
Coach’s ADEA Claim
Coach was 54 years old and had 20 years of service to the Heard Around Town
school, but his contract was not renewed, Kozlowski An update of urban schools around the nation
RPSRMER Mea) scars sued trio dacs ata ctaatineatagascdateandasetehdiesasdseddssanetosicec Dec. Immunity
Custody and School Placement Home plate harm — Student injured when coach accidentally
Father gains full legal and physical custody, but court makes hits him in the head with baseball, Cannon (AL)................ Oct.
decision on children’s schooling for him, Rothman (CA) .... Mar. Student is injured when he reaches into a table saw in
Dangerous Condition on Public Property woodworking class, Anderson (MN) .........ccccccseeeteeeeeeeeteeeee Mar.
Open schoolyard gate next to a dangerous intersection leads Letter From the Editor
to student being struck by a car, Joyce (CA) A legitimate use of federal power to protect minors, or a
Defamation ‘statutory blunderbuss” trammeling First Amendment
Teacher and principal caught in verbal crossfire with The URN hacer daar aus cad een ocdcd dds gababsed Case cu actaradesronstesnasdAuecshty ciisesae us Aug. |
Rutherford Institute, Hugger and Settle (4th Cir.) 0... July Ban on the Pledge of Allegiance issued by 9th Circuit Court
Discipline CY ESI ORI Gace laser cacoussionsd Vaadaness tastes derei san isiadseasbhadacevietatesienstenad April |
Student charged with smoking marijuana on school grounds, The courts take on the Child Online Protection Act ................
J.R.M. (MN) Title IX and retaliation: Can a whistle-blowing coach bring
a retaliation claim under this education law? ..........ceee Dec: 5
Due Process
Web-based bulletin boards: Catty clearinghouses of online
School’s discipline policy covers misconduct occurring after
rants or forums for valuable idea sharing? 0.0.0.0... July
hours and off school property, T.W. (PA)
Student electrocuted in electromechanical class, Nix Libel and Slander
MRR le Boog one aun gs sess Soups cidce us osahunsstcdioveantdasdecaissestsncvessssteusee Jan. Teacher claims student defamed him in sexually explicit
Duty of Care emails, Wagner (ND)
Student alleges being forcefully shoved against a wall Managed Care
without reason or provocation, Knicrumah (NY) .............05 Mar. Teacher goes outside WC managed-care network for medical
Equal Access Act AUERT NE Pa cta NR QI Fos sg ascicesoscosadessansadenssn sqruassncuastossasyeasanaes Jan.
Student organization was denied equal access to school Negligence
facilities, Boyd County High School Gay Straight Student claims he was electrocuted by a welding machine
PANERLUR e ctO RGAN Fays c edosavts su estctanstandessus scastiasdaecsansssyirecaceazcaiackoiasses Sept. owned by school, Fleming (OH)
Student seeks equal access to school facilities for her Bible
CET EPO Veale CE CeO 80) oiicss nes scsvecccon shes aisdaiseassoaivesassteacaascaeves Oct. Negligent Supervision
Freedom of Speech Parents accuse principal of negligent supervision — Claim
he had duty to prevent the shooting of their son,
Co-salutatorian wants to deliver speech quoting from the
Durant (CA)
BONUS MIRRCNE? GM GR CIES Dose dsseuecsv ince dtsaudcasich sakvaesaucissoncokosnsies April 3
Students ask court to compel school officials from enforcing No Child Left Behind Act — An Update
allegedly unconstitutional speech policies, Westfield High An education initiative with laudable goals and many vocal
School LIFE Club (MA) CUNO Sco s cssacoacisccsducsstdentes Toscencsncesvenascasecanivaduaes suafsa asesctazentbigesensae Nov.
Publisher: E. Michael Quinlan, Esq. Managing Editor: Dustin C. Rowles, Esq. Editor in Chief: Julie DiMauro, Esq.
Editors: Jeremy C. Fox, Patricia J. Lloyd, Esq., Sarah Pascarella, Carol Johnson Perkins, Esq., Heidi Taylor
Circulation Director: Peter Pearsall Graphic Design: Carolyn Hoy, Jennifer Fleming
Published by
QUINLAN PUBLISHING GROUP School Law Bulletin ISSN 8755-8297 (print) ISSN 1544-5011 (online)
23 Drydock Ave., Boston, MA 02210-2387 [phone] fax: [phone]
Agent for Quinlan Publishing Co. email: [email protected] www.schoollaw-funding.com Copyright © 2003
Page 2 — Index 2003 www.schoollaw-funding.com S.L.B.
Month Page Month Page —]
Official Immunity Teachers complained of violations of special education
Student killed in an accident in the school garage, regulations — School retaliates, Andrekus and
RAB IPD eco cpaecucaiebcce sacar tneacessantncomsbacecssavesaontaatactascussassnghistouie April 8 VanZuidam (IL)
On a Literary Note Spotlight
Move Over, Huck Finn and Holden Caulfield: Harry is here American schools take on the task of emergency planning,
to give you a run for your money June by Julie DiMauro, Esq. ...
Gender Parity: Educating Girls in a Challenging and
Personal Injury Equitable Classroom Environment, by Julie DiMauro, Esq. Nov.
Student injured by falling pole — Parents claim negligence,
Harry Potter — A tale of wizards, spells, and censorship,
PRNNE TW) ses ccishsks ect iarshc asas
Dy Tithe DiMA O, SG asxscssecs<<cssetsscsotuastcovernateacse teeeesdteerne s June
Product Liability Religion and our public schools: What school officials and
E. coli outbreak follows school’s taco lunch, Almquist (WA) Jan. attorneys should know, by Michael Levin-Epstein
The adult connection: Building relationships to propel more
Racial Preferences in School Admissions
black students to college, by Julie DiMauro, Esq. ................ Mar.
Parents allege school committee’s policy discriminated
The University of Michigan’s admissions policy ruling: What
against white students, Boston’s Children First (MA) .......... Sept. ;
the decision means for K-12, by James G. McManus
Random Drug Testing Student Discipline
Random drug and alcohol testing — A condition of Football player denied eligibility to play sports at school,
participating in school-sponsored activities, Joye (NJ)......... Sept. MONS CEE) sssccscssescesvcvitaeahas daagat aitsocnie eeseveeee July
Religious Accommodation Parents contest their son’s expulsion, Johnson (NH)
State athletic association refused to alter basketball Student Injuries
tournament schedule to accommodate Sabbath day, Student on swim team claims her coach negligently failed
PSM RUNNMOR ARED R icka dca seoscavcstusvonaseasesensapoonsusasuCiassWeaaancsnbisnsn e Aug. § to train, supervise, or contro! swim team members,
Retaliation Under Title VI Kahn (CA)
Specialist helps a district comply with a desegregation order Student suffered leg injuries after being compelled to
Claims her advocacy cost her the job, Peters (VA) June participate in phys ed class, Raymond (4th Cir.)
Revocation of Teaching Certificate Student Suicide
Florida revokes educator’s certificate due to her inappropriate Parents allege school personnel were negligent in not
email messages to students, Hope Wax (FL) preventing the suicide, Savinelli (CT)
Supreme Court
School Bussing Services
Children’s Internet Protection Act (CIPA), American Library
City cancels bussing for students at mobile home park,
Association Inc. (U.S. Supreme Court)
Sioux City Community School District (IA)
Teachers
School Desegregation
Teacher claims memories of childhood abuse triggered while
School district claims that it is in compliance with
trying to stop classroom brawl, E.W. (MO)
desegregation decree, Lee (AL)
Teachers and Drugs
School Discipline
Tenured teacher discharged for reporting to work while high
Freedom of expression, or unprotected speech likely to incite
ON Marijuatia, Vote: (TE) 5.. .scccssscscescedectosasescdeacssscesssssoossnatse June
RP RMNIE Fo EL AD ATEL BANG cccscatsesscoesiouinassicsepstvocscsucdeoganvoivinnnie May
Teachers and Staff
School Employment -- Retaliation Assistant Principal allegedly stomps down hall calling
Teacher overlooked for director position argues officials principal a ‘blockhead,’ Graham (WV)
retaliated against her for writing a grievance letter,
RZMTIOS TPE ON) sacscoressacnseeassrios ‘ Teacher’s ADA Claim
Employee suffering from depression asks for an indefinite
Search & Seizure leave of absence as a ‘reasonable’ accommodation,
Did vice principal have reasonable cause to search student Shadle (PA)
OE TATINURDA7 , LW WHERCE: 1. CINTA ccii n ccccsscccnsosicccosnosccscasccense Sept.
Teacher’s Title VII Claim
Segregation Teacher claims he was fired due to his race and not poor
Did the city operate and maintain a racially segregated performance, King (4th Cir.)
DPM ALMERDCL7 , PHPRPNCCE CAA) een cssssccccesisuvesesadsoncosssessehvasaimics Mar. Teacher sued district for the actions of a teacher she claimed
Sexual Harassment at School created a hostile work environment, Sullivan (NY)
Students claim teacher sexually abused them during tutoring Teacher-Student Contact Time
SESSIONS, SIA ad SA, CLO TCM,) visccessescsisssciessvsesnssesoesescen May District unilaterally increases amount of teacher-student
Special Education & Student Discipline contact hours, Lincoln County Education Association (OR) June
Special education student claims false imprisonment against Title IX
SCMOGN RtTACE, VAIO ; CAD i.scisccsscpshsccsscsesvcvceneivesnaceens Mar. Student busted for smoking sues school employee for alleged
Special Education discrimination against females, Schultzen (IA)... April
Custody decree stripped mother of educational decision- Unemployment Benefits for Teacher
making authority, Taylor (2nd Cir.) ............:.ssssssesssseeseseeceeees Feb. Teacher voluntarily quit his employment to avoid probable
Did school district fail to provide a free appropriate public termination, Powell (MN)
education program?, Shapiro (9th Cir)... cscseseeeeeeteeeeees Mar.
Mother sues when her child is deemed ineligible for special Willful and Wanton Misconduct
MRC Fh AE WILS D caso csceseccscseveceskanesesasebovocisconcenpbsvinenste April Student claims he was sexually assaulted while riding the
Parent sues under IDEA, Rafferty (1st Cir.) school bus — Was the school board more than negligent?,
School district seeks an end to court oversight, Doe (IL)
RPRNNIE EB RIND ota cinsss ipca ste vos seedsuss cosnvestine veces ran tos sdwaspeauansieaioate Feb. Wrongful Death
Student mutilates herself and attempts suicide after sexual Student killed after school at nearby shopping area,
assault, Smith (VA) Matallana (FL)