American Public School Law - Landmark Cases (Alexander Text)

Green v. County School Board of New Kent County - 1968 (p. 1011)

"Freedom-of-Choice" plan is unconstitutional where it fails to result in a racially unitary school system.

Honig v. Doe - 1988 (p. 610)

"Stay put" provision prohibits school authorities from unilaterally excluding students with disabilities from classroom for dangerous conduct growing out of disability. (1) Is a claim brought under the Education of the Handicapped Act moot if the claimant is over the age of 21? (2) Does the "stay-put" provision of the Education of the Handicapped Act prevent a school district from indefinitely suspending a student whose handicap-related misconduct endangered the student and others? Since the Act covered individuals from ages 3 to 21, the claim of a 24-year-old who was no longer in school was moot, but that the claim of a 20-year-old was not moot. The Supreme Court further held that the "stay-put" provision of the Education of the Handicapped Act prohibited state or local school authorities from excluding disabled children from the classroom even for dangerous or disruptive conduct resulting from their disabilities.

Doe v. Pulaski County Special School District - 2002 (p. 425)

"True threat" of violence. Boy wrote a letter to girl who broke up with him. In the letter, he threatens rape, violence. A friend of the boy steals the letter and gives it to the girl. The letter finds its way to a school official. Does a letter rise to the level of a true threat? Yes...it does constitute a true threat. School district could expel student.

Franklin v. Gwinnett County Public Schools - 1992 (p. 533)

10th grader subjected to sexual harassment. Does Title IX allow recovery of monetary damages? Yes. Monetary damages are available under Title IX because there is a presumption that any appropriate relief is available to remedy the violation of a federal right. The Court also held that the monetary damages available under Title IX were limited to back pay and prospective relief conflicts.

Scott v. School Board of Alachua County - 2003 (p. 421)

A Principal can ban Confederate flags on school grounds and suspend students for violating the ban. It is not unconstitutional, restricting First Amendment rights.

Sauls v. Pierce County School District - 2005 (p. 543)

A female teacher was allegedly sexually harassing a male student. Do school officials' ineffective response in preventing sexual harassment constitute deliberate indifference? No.

State ex rel. Andrews v. Webber - 1886 (p. 340)

A parent objected to their student taking a music course required by the school. Court found that the School Board has power to enforce reasonable rules prescribing specific curriculum.

Virgil v. School Board of Columbia County, Florida - 1989 (p. 362)

A public high school discontinued use of a textbook for a humanities course after receiving a parental complaint. The parent objected to an English translation of the Greek dramatist Aristophanes Lysistrata and to English poet Geoffrey Miller's The Miller's Tale. The parent believed that the two works of art were too vulgar. Several other parents then sued, saying the removal of the textbook violated the First Amendment. Whether school officials may remove a book from the curriculum because of its vulgarity and explicit sexual references. Court held that school officials can remove books from the curriculum if they believe they are too vulgar for students. Schools may remove books from the curriculum if they have a legitimate educational reason for doing so. Removing books because of vulgar or explicitly sexual language qualifies as such a reason.

Hortonville Joint School District No. 1 v. Hortonville Education Association - 1976 (p. 140)

A school board is assumed to be an impartial tribunal unless bias is shown.

Spears v. Jefferson Parish School Board - 1994 (p. 636)

A school district is liable for damages for intentional act of teacher resulting in emotional harm to child. PE teacher threatened to kill students who were annoying him. The teacher pulled a prank on Justin Spears, and told him he killed his friends. The parents sued the school district for Justin having PTSD after incident. Parents won damages.

Clark County School District v. Breeden

A single incident of alleged sexual harassment does not violate Title VII.

Association of Mexican-American Educators v. State of California - 2000 (p. 914)

A state basic skills examination for certification of teachers comports with criteria for job relatedness as required by Title VII.

Ysursa v. Pocatello Education Association - 2009 (p. 991)

A state's ban on union members payroll deductions for political activities does not infringe on the union's first amendment rights.

Elvin v. City of Waterville - 1990 (p. 793)

A teacher who had sexual relationship with a student of another school is unfit to teach.

Wygant v. Jackson Board of Education - 1986 (p. 922)

Affirmative retention policy resulting in layoffs of nonminority teachers with more seniority violates equal protection.

Gebser v. Lago Vista Independent School District - 1998 (p. 535)

Alida Gebser had a sexual relationship with one of her teachers. Once the school administrators found out, they fired the teacher. The student sought damages. Misconduct by a teacher in the sexual harassment of a student does not render the school district liable under Title IX unless a school official had knowledge of the situation and responded with "deliberate indifference."

Aldridge v. School District of North Platte - 1987 (p. 158) ?

Allegation that board had made decision prior to official meeting not sustained by facts.

Wisconsin v. Yoder - 1972 (p. 306)

Amish rule. The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law.

Tatum v. Orleans Parish School Board - 2008 (p. 689)

An action in defamation by a teacher against a school principal cannot prevail from a statement of opinion by the principal based on his subjective view that does not state or imply falsity or malice.

Crump v. Board of Education of Hickory Administrative School Unit - 1990 (p. 885)

An impartial tribunal is required for teacher dismissal hearing tribunal; even one member of school board with bias denies due process.

State of Iowa v. Jones - 2003 (p. 488)

Are locker searches permissible or in violation of 4th amendment rights? If searches are conducted to maintain proper educational environment in the school, the search is permissible. The nature and immediacy of the search is important. Students don't own lockers. If schools provide the locks and combinations, they may search as long as "a standard of reasonableness" has been established.

Doe v. Little Rock School District - 2004 (p. 485)

Are random, suspicionless searches unconstitutional? Yes. The mere assertion that there are substantial problems associated with drugs and weapons in its schools does not give the school district the right to inflict highly intrusive, random searches upon its general student body.

Wiemerslage v. Maine Township High School District 207 - 1994 (p. 499)

Are school district's policies on loitering unconstitutionally vague? Loitering must be limited to a defined space; without defining the space it might be unconstitutional. In this case, the school district did not violate Wiemerslage's constitutional rights to free speech and assembly.

Hammond v. Board of Education of Carroll County - 1994 (p. 670)

Are school districts responsible for warning a student of student's parents about the possible injuries that might result from voluntary participation in an athletic team? Boards of Education have no duty to warn families about potential injuries that may result from voluntary participation in sports. Possible injuries from sports participation are self-evident.

Ette ex rel. Ette v. Linn-Mar Community School District - 2002 (p. 730)

Band trip to Texas. Zero tolerance policy. Tony Ette was suspected of smoking (room smelled of smoke). Directors sent him home on a Greyhound bus. Does the discretionary function exception of municipal tort claims act immunize the school district for its decision to send Tony home? In weighing a school district's duty to supervise its students and protect them from harm, the law limits the duty to reasonable foreseeable risks. Give the record made in this case, the district court should not have directed a verdict in defendant's favor based on their alleged entitlement to discretionary function immunity. The court then reversed the portion of the district court's ruling and remanded for a new trial.

Lau v. Nichols - 1974 (p. 399)

Bilingual programs. Appropriate relief must be provided by the state to English-language learners, otherwise the school deprives students of the right to a public education.

City of Biddeford v. Biddeford Teachers Association - 1973 (p. 977)

Binding arbitration is not an illegal delegation of school board power.

Johnson v. Robbinsdale Independent School District No. 281 - 1993 (p. 702)

Black principal makes some unpopular changes. Parents wrote an unsavory letter about the principal to the superintendent. Johnson sued the parents (the Forslunds). The court concludes that Johnson as a public school principal is a public official for purposes of applying the New York Times v. Sullivan defamation standard. Because Johnson is a public official, the Forslunds are liable for damages for criticizing her official conduct only if Johnson proves with convincing clarity that they made the statements with actual malice. This Johnson has failed to do.

Morse v. Frederick - 2007 (p. 417)

Bong hits 4 Jesus. 1) Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events? School officials can prohibit students from displaying messages that promote illegal drug use. 2) Does a school official have qualified immunity from a damages lawsuit under 42 U.S.C. 1983 when, in accordance with school policy, she disciplines a student for displaying a banner with a drug reference at a school-supervised event? The principal should have had immunity from the lawsuit, but argued that the majority opinion was "[...] deaf to the constitutional imperative to permit unfettered debate, even among high-school students [...]."

Swann v. Charlotte-Mecklenburg Board of Education - 1971 (p. 1014)

Busing to overcome racial segregation is a judicially acceptable alternative where De Jure segregation has existed.

Arkansas Department of Human Services v. Caldwell - 1992 (p. 551)

Caldwell, an assistant principal, paddled three fifth graders caught smoking. She was originally found guilty of child abuse. She appealed. Does reasonable force in paddling a student constitute child abuse? No. The court determined that all factors must be considered when determining child abuse. DCFS was required to determine child abuse when there is bruising 24 hours after the event; according to the court, this is only one factor. When taking all factors into account, the court determined it was not abuse.

Edwards v. Aguillard - 1987 (p. 384)

Cannot mandate the teaching of creation "science." The Court held that the Louisiana law, which mandated the teaching of "creation science" along with the theory of evolution, violates the Establishment Clause of the First Amendment as applied to the states through the Fourteenth Amendment.

Counts v. Cedarville School District - 2003 (p. 358)

Cedarville School Board voted to remove all of the books from the Harry Potter series from public school libraries. Students who wished to read or check out these books could do so only with written parental permission. Several students and their parents filed suit, seeking the return of the books to the open shelves. In the course of discovery, the School Board members who voted to remove the books acknowledged that they had not read many of the books and that they removed them because they exposed students to the "religion of witchcraft." The removal of the books constituted a violation of the First Amendment. On April 22, 2003, the judge ordered the books returned to the library shelves, and the defendants did not appeal.

Zager v. Chester Community Charter School - 2007 (p. 166) ?

Charter school is an "agency" subject to state right-to-know act (open records law).

Wilson v. State Board of Education - 1999 (p. 56)

Charter schools act of California creating legal basis for charter schools as an aspect of the public school system comports with requirements of the California constitution.

Hovet v. Hebron Public School District - 1988 (p. 168) ?

Citizen may review teacher's personnel file under authority of state public record laws

Jackson v. Birmingham Board of Education - 2005 (p. 927)

Coach of unequally funded girls' team can assert a private right of action for retaliation for sex discrimination under Title IX.

Williams v. Dallas Independent School District - 2007 (p. 829)

Coach's speech was made while performing his employment duties and was not protected by the first amendment.

Immediato v. Rye Neck School District - 1996 (p. 345)

Community service requirement does not violate 13th amendment right (involuntary servitude) or students' right of speech, expression or free exercise of religion guaranteed by the 1st and 14th amendments. Had choice as to the community service performed, and could choose to go to a school where community service was not required.

Weintraub v. Board of Education of the City District of the City of New York - 2010 (p. 828)

Complaint to supervisor by teacher and filing of a union grievance about the complaint is "pursuant to official duties" and is unprotected speech.

United States v. Lopez - 1995 (p. 92)

Congress's gun-free school zones act violates the commerce clause.

State v. Project Principle, Inc. - 1987 (p. 803)

Constitutional prohibition against impairment of contracts is not violated by additional test requirement for retention of teaching certificate.

Smith v. Dorsey - 1988 (p. 151) ?

Constitutional prohibition of nepotism is violated where school board enters into teaching contract with spouse of board member.

Cedar Rapids Community School District v. Garret F. - 1999 (p. 607)

Continuous nursing service is "related service" that school district must provide under IDEA.

Florence County School District Four v. Carter - 1993 (p. 598)

Court may order school district to reimburse parents who unilaterally placed child in private school. Parents have a right to withdraw their child from a public school providing an inappropriate education under the meaning of IDEA and enroll them in a private school, as long as the private school provides an "appropriate" education. The Court further held that the specific requirements of the Act need not be met when a student is placed in a private school by his or her parents, because the IDEA requirements were not intended to apply to parental placements.

Goss v. Lopez - 1975 (p. 520) **Important case

Did the imposition of the suspensions without preliminary hearings violate the students' Due Process rights guaranteed by the Fourteenth Amendment? Yes. Because Ohio had chosen to extend the right to an education to its citizens, it could not withdraw that right "on grounds of misconduct absent fundamentally fair procedures to determine whether the misconduct ha[d] occurred." The Court held that Ohio was constrained to recognize students' entitlements to education as property interests protected by the Due Process Clause that could not be taken away without minimum procedures required by the Clause. The Court found that students facing suspension should at a minimum be given notice and afforded some kind of hearing.

Connick v. Myers - 1983 (p. 817)

Dismissal of public employee for distribution of questionnaire concerning matters not of public concern to other office staff did not violate constitutional right of free speech.

Schaffer v. Weast - 2005 (p. 580)

Do the parents or school system bear the burden of proof in disputes over a child's individualized education program under the Individuals with Disabilities Education Act? The Supreme Court held that the party bringing the suit bears the burden of proof, whether that party is the parents or the school system. "Absent some reason to believe that Congress intended otherwise, ... we will conclude that the burden of persuasion lies where it usually falls, upon the party seeking relief."

Aaris v. Las Virgenes Unified School District - 1998 (p. 668)

Doctrine of primary assumption of risk bars cheerleader's recovery for damages in negligence action. Students assume the normal risk of the activity if they choose to participate in it.

Tinker v. Des Moines Independent School District - 1969 (p. 409)

Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? No. Tinker Standard: Schools must demonstrate any facts which might reasonably lead school authorities to forecast substantial disruption of or material interference with school activities; that the student expression would lead to either (a) a substantial disruption of the school environment, or (b) an invasion of the rights of others.

Vernonia School District 47J v. Acton - 1995 (p. 477)

Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? The reasonableness of a search is judged by "balancing the intrusion on the individual's Fourth Amendment interests against the promotion of legitimate governmental interests." In the case of high school athletes who are under State supervision during school hours, they are subject to greater control than over free adults. The privacy interests compromised by urine samples are negligible since the conditions of collection are similar to public restrooms, and the results are viewed only by limited authorities. Furthermore, the governmental concern over the safety of minors under their supervision overrides the minimal, if any, intrusion in student-athletes' privacy.

Board of Education, Island Trees Union Free School District No. 26 v. Pico - 1982 (p. 354)

Does the 1st amendment allow school board the discretion to remove library books based on their opinion of the content? Libraries are centers for voluntary inquiry, therefore the school board cannot restrict what books are allowed in the library.

Bethel School District No. 403 v. Fraser - 1986 (p. 414)

Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? No. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. The First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."

Owasso Independent School District v. Falvo - 2002 (p. 711)

Does the practice of peer grading violate the Family Educational Rights and Privacy Act (FERPA) of 1974? No. Peer-graded items did not constitute education records protected by FERPA until a teacher collected the grades on the students' papers or other items and recorded the grades in the teacher's grade book.

Alexander v. Holmes County Board of Education - 1969 (p. 1013)

Dual school systems are to be terminated at once, and unitary systems are to begin immediately.

Jones v. West Virginia State Board of Education - 2005 (p. 321)

Due to home-schooled children being taught different curriculum than public school children and counties not accounting for home-schooled children in fiscal funding, the county is not required to accept home-schooled children for interscholastic activities.

Jones v. West Virginia State Board of Education - 2005 (p. 321)

Due to the homeschooled children being taught different curriculum than public school children and counties not accounting for homeschooled children in fiscal funding, the county is not required to accept home schooled children for interscholastic activities.

Jerkins v. Anderson - 2007 (p. 648)

Early dismissal case - Joseph Jerkins walked home and got hit by a car. Educators have a duty to exercise reasonable care in supervising students during dismissal time after school hours.

San Antonio Independent School District v. Rodriguez - 1973 (p. 109)

Education is not a fundamental right under the U.S. constitution.

Wardwell v. Board of Education of the City School District of the City of Cincinnati - 1976 (p. 766)

Employee residency requirements are constitutional.

Hadley v. Junior College District of Metropolitan Kansas City, Mo. - 1970 (p. 155) ?

Equality of voting power is required in local district elections.

Dixon v. Alabama State Board of Education - 1961 (p. 519) **Important case

Established that procedural due process does manifestly apply to schools and other governmental agencies, and deviations from minimal fairness (hearings were the normal practice, even though it wasn't explicitly communicated in handbooks, etc., but these black students weren't afforded a hearing) in disciplinary action, depending on the magnitude and severity, may well deny the student a constitutional interest. Provided for procedural due process. 1. Notice in writing of nature of evidence on which the disciplinary proceedings are based, 2. A hearing must be held with an impartial tribunal, 3. No disciplinary action can be taken on grounds which are not supported by substantial evidence.

Everson v. Board of Education - 1947 (p.. 187)

Establishment clause (part of 1st amendment) does not prohibit spending tax funds to pay bus fares for parochial school students.

Mt. Healthy City School District Board of Education v. Doyle - 1977 (p. 837)

Evidence must show that teacher's exercise of constitutional right was not motivating factor in the board's decision not to rehire.

Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell - 1991 (p. 1025)

Federal court's decrees over previously De Jure segregated school district is limited to the time necessary to remedy the effects of past intentional discrimination.

Freeman v. Pitts - 1992 (p. 1028)

Federal district court in considering the "Green Factors" has discretion to order incremental or partial withdrawal of its supervision and control.

Mitchell v. Helms - 2000 (p. 207)

Federal funds to sectarian schools for acquisition of instructional and educational materials does not violate the establishment clause.

Randolph County Board of Education v. Adams - 1995 (p. 64)

Fee for textbooks and materials violates the free public schools provision of the state constitution.

Mayer v. Monroe County Community School District - 2007 (p. 835)

First amendment does not entitle teacher to advocate her viewpoint on an antiwar demonstration during classroom session.

Sandlin v. Johnson - 1981 (p. 342)

Four 2nd grade students filed a case on behalf of themselves against the principal for failing all of the students but one in their grade because they did not meet a prerequisite to go to the 3rd grade (Ginn Reading Series was measure). Court dismissed case saying that they are not responsible for determining/grading assessments.

Stroman v. Colleton County School District - 1993 (p. 841)

Free speech is not offended by teacher dismissal for letter to other teachers encouraging sick-out.

City of Madison v. Wisconsin Employment Relations Commission - 1976 (p. 994)

Freedom of nonunion teacher to speak at open meeting cannot be curtailed.

Claremont School District v. Governor - 1997 (p. 47)

Fundamental right of education requires adequate funding by legislature. The court found that is was not fair to have similar properties being taxed at disproportionately higher rates in order to fulfill State mandated educational requirements.

Dunn v. Fairfield Community High School District 225 - 1998 (p. 505)

Giving students an "F" for violating school rules is not violative of substantive due process where action does not "shock the conscience." Band students played guitar solos that were not part of the program, and violated a written policy. The students were removed from the class, and therefore could not complete the assignments required to be given a grade, so they were given an F.

Leebaert v. Harrington - 2003 (p. 373)

Health Curriculum case. Dad was trying to get son removed from health curriculum, arguing it was his fundamental right to choose what his son learned in school. The court found that parents do not have the fundamental right to mandate school curriculum. School district proved legitimate, rational need to have health as a part of the curriculum.

Tanari v. School Directors of District No. 502 - 1977 (p. 736)

Holder of a free pass to a football game was an invitee to whom the school district owed a duty of reasonable care.

Swanson v. Guthrie Independent School District I-L - 1998 (p. 315)

Home-schooled child, Annie Guthrie. Parents wanted Annie to attend select classes at public middle school. School attendance policy required full-time attendance. Does the full-time attendance policy violate the child's rights? A school does have the right to set attendance policies requiring full-time attendance, and can turn students away if they refuse to attend school full-time.

Arlington Central School District Board of Education v. Murphy - 2006 (p. 88)

IDEA did not authorize reimbursement of expert fees only reasonable attorney's fees.

Brown v. Woodland Joint Unified School District - 1994 (p. 369)

Impressions, a teaching aid in the first through sixth grades is a series of 59 books containing approximately 10,000 literary selections and suggested classroom activities, one of which discusses witches and witchcraft. The Brown Family alleged that the School District violated the State and Federal Constitution on religious freedom claims. The Lemon Test was applied. The Browns failed to prove that any of the three prongs of the Lemon test had been breached. The School District has not violated the federal Establishment Clause in its use of the Impressions series.

Ingraham v. Wright - 1977 (p. 513)

Ingraham was a mean kid in middle school; Wright was a principal. Corporal punishment, paddling, as administered in the schools, could not be construed to violate the 8th amendment (against cruel and unusual punishment). Schools in administering paddling, do not violate the 8th amendment (cruel and unusual punishment). You don't need the 8th amendment...it can be a criminal offense, "assault and battery," which is a tort and the victim can receive damages. It can also be categorized as "abuse."

In re Termination of James E. Johnson - 1990 (p. 784)

Insubordination and inefficiency in teaching are grounds for dismissal of tenured teacher.

Gaylord v. Board of Education, Unified District No. 218, Morton County - 1990 (p. 783)

Insubordination can be a single incident of willful or intentional disobedience.

Milliken v. Bradley - 1974 (p. 1021)

Interdistrict integration is an improper remedy to overcome single-district segregation.

Martinez v. School Board of Hillsborough County - 1988 (p. 621)

Is a child with AIDS a significant risk, and if so, could the child be reasonably accommodated?

Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls - 2002 (p. 480)

Is the Student Activities Drug Testing Policy, which requires all students who participate in competitive extracurricular activities to submit to drug testing, consistent with the Fourth Amendment? Yes. Because the policy reasonably serves the School District's important interest in detecting and preventing drug use among its students, it is constitutional. The Court reasoned that the Board of Education's general regulation of extracurricular activities diminished the expectation of privacy among students and that the Board's method of obtaining urine samples and maintaining test results was minimally intrusive on the students' limited privacy interest.

McDuffy v. Secretary of the Executive Office of Education - 1993 (p. 31)

John Adams and the Importance of Public Education to a Republic.

Rose v. Council for Better Education, Inc. - 1989 (p. 38)

Legislature fails constitutional requirement to establish an efficient system of common schools.

Commonwealth v. Hartman - 1851 (p. 50)

Legislature is not prohibited from creating a system of common schools by expanding on the pauper school provision in state constitution.

John Ellis "Jeb" Bush v. Holmes - 2006 (p. 42)

Legislature transgressed its constitutional powers in enacting voucher funding of private schools.

Pawtucket School Committee v. Pawtucket Teachers Alliance - 1995 (p. 981)

Lesson plan and evaluation of English as second language program is management prerogative and not arbitrable.

Board of Education of Central School District No. 1 v. Allen - 1968 (p. 190)

Loan of textbooks to parochial school students does not violate establishment clause.

Cleveland Board of Education v. LaFleur - 1974 (p. 893)

Mandatory leave rules and arbitrary cutoff dates for pregnant teachers violate due process.

Lee v. York County School Division - 2007 (p. 831)

Materials posted on a classroom bulletin board by teacher were curricular in nature and, thus, were not protect speech on a matter of public concern.

Alvin Independent School District v. A.D. - 2007 (p. 586)

Mother requested child to receive special education services due to ADHD and behavioral problems. Is ADHD a disability, and therefore qualifies students for special education services? Behavioral problems were not a result of ADHD, and therefore the student did not qualify for special education services. ADHD is a health impairment. Students can qualify for special education services if their behavior can be tied to his ADHD..

Meyer v. Nebraska - 1923 (p. 343)

Nebraska, along with other states, prohibited the teaching of modern foreign languages to grade school children. Meyer, who taught German in a Lutheran school, was convicted under this law. The Nebraska law is unconstitutional. Nebraska violated the liberty protected by due process of the Fourteenth Amendment. Liberty means more than freedom from bodily restraint. State regulation of liberty must be reasonably related to a proper state objective. The legislature's view of reasonableness was subject to supervision by the courts. The legislative purpose of the law was to promote assimilation and civic development. But these purposes were not adequate to justify interfering with Meyer's liberty to teach or the liberty of parents to employ him during a "time of peace and domestic tranquility."

Hett v. Ploetz - 1963 (p. 691)

Negative recommendation is protected by a conditional privilege. A superintendent gave a critical review via letter of a former teacher in his district, and the teacher was not given a job based on this letter.

Milkovich v. Lorain Journal Co. - 1990 (p. 698) NOT ON TEST

Newspaper article accusing coach of being a liar is not entitled to separate constitutional privilege for "opinion." Are the statements in the newspaper article constitutionally protected opinions? No. There is no special constitutional privilege for opinions. The statements in the newspaper were sufficiently factual to be proved true of false.

In re Appeal of Timothy Morrill (New Hampshire State Board of Education) - 2001 (p. 770)

Nexus existed between a teacher/preacher's "Holy Hugs and Kisses" with minor sufficient to confirm revocation of his teaching certificate.

Givhan v. Western Line Consolidated School District - 1979 (p. 840)

No first amendment freedom is lost to a teacher who chooses to communicate privately with his or her employer.

Harrah Independent School District v. Martin - 1979 (p. 876)

Nonrenewal of contract for failure to complete required college credits does not deprive teacher of substantive due process or equal protection.

Zelman v. Simmons-Harris - 2002 (p. 220)

Ohio voucher program does not violate the establishment clause of the first amendment.

Dickman v. School District No. 62C - 1961 (p. 231)

Oregon law providing textbooks to parochial schools cannot be justified on child benefit theory.

Prince v. Massachusetts - 1944 (p. 288)

Parens patriae power of the state over children's welfare is not superceded by parent's claim of religious freedom to control the child.

Davis v. Monroe County Board of Education - 1999 (p. 539)

Parent brought suit against the school board because a boy was allegedly sexually harassing her daughter. Can a school board be held responsible under Title IX of the Education Amendments of 1972, meant to secure equal access of students to educational benefits and opportunities, for "student-on-student" harassment? Yes. Because there is an implied private right to education under Title IX, private damage actions may lie against schools that act with deliberate indifference to harassment that is severe enough to prevent victims from enjoying educational opportunities. Title IX's prohibitions against harassment in school are clear enough to have served proper notice to school boards in general and the Board in particular.

Brown v. Woodland Joint Unified School District - 1994 (p. 369)

Parents claimed that the schools were teaching witchcraft through the series Impressions. Court found the school was NOT in violation of the Establishment Clause in its use of the Impressions series. The school was not trying to impose the practice/religion of Wicca through the stories.

Hazelwood School District v. United States - 1977 (p. 911)

Percentage of black teachers in the school district compared to percentage of blacks in the school teacher population in the relevant labor market is a statistical criterion of discrimination under Title VII.

Trautvetter v. Quick - 1990 (p. 938)

Principal's sexual relationship with teacher was consensual and did not constitute sexual harassment under Title VII or a denial of equal protection.

Board of Regents v. Roth - 1972 (p. 870)

Procedural due process is not required when teacher is not deprived of constitutional right.

Mills v. Board of Education of District of Columbia - 1972 (p. 563)

Procedural due process is required to reassign children with disabilities.

Cleveland Board of Education v. Loudermill - 1985 (p. 881)

Public employee with a property interest is entitled to a pretermination hearing.

Anderson Federation of Teachers, Local 519 v. School City of Anderson - 1969 (p. 973)

Public employees must have express legislative permission to strike.

Zoll v. Eastern Allamakee Community School District - 1978 (p. 799)

Reduction in force must be in good faith and for constitutional reason.

State ex. rel. Clark v. Haworth - 1890 (p. 122)

Regulation of common schools is within the power of the legislature.

Zorach v. Clauson - 1952 (p. 236)

Released time for public school students to attend religious classes off public school grounds is constitutional.

Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois - 1948 (p. 234)

Released time for religious instruction on public school premises is unconstitutional.

Wagenblast v. Odessa School District No. 105-157-166J

Releases that students or parents are required to sign as a condition of engaging in school activities and that exculpate school districts from liability for negligence are invalid.

West Virginia State Board of Education v. Barnette - 1943 (p. 270)

Required participation in flag salute is unconstitutional.

Daury v. Smith - 1988 (p. 846)

Requirement that principal see a psychiatrist did not violate his right of privacy.

Richardson v. Rankin County School District - 1989 (p. 723)

Richardson was involved in a car accident with a school bus. Richardson demanded judgments against all defendants in the amount of $550,000. She was denied funds. Court will defer to the legislative authority in statutorily establishing governmental immunity.

New Jersey v. T.L.O. - 1985 (p. 469) **Important case

Said that rules are different for school officials than for police. A girl was caught smoking in the bathroom, and the school searched her purse. They found marijuana and a list of people who owed her money (she was dealing drugs). Did the school have the right to go through her purse? What did the school know at the time that gave you reasonable suspicion? What was the inception of the search? School districts may search without a warrant if they have reasonable suspicion. Search of purse was reasonable.

Scott v. School Board of Alachua County - 2003 (p. 421)

School administrators can ban the confederate flag on school grounds, and suspend students as an enforcement of the ban. Confederate flags and symbols (swastikas) can be banned solely because of the history invoked and potential for disruption caused by them.

Keyes v. School District No. 1, Denver - 1973 (p. 1017)

School board actions may have effect of creating unconstitutional De Jure segregation in a state that never had legal segregation.

Ansonia Board of Education v. Philbrook - 1986 (p. 942)

School board has met its obligation under Title VII when it has offered reasonable accommodation of teacher's religion.

Wallmuth v. Rapides Parish School Board - 2002 (p. 659)

School board is not liable for "bullying" injury to student in locker room when teacher was not present. Neither the coach nor the board could foresee there would be problems in the locker room.

Wood v. Strickland - 1975 (p. 747)

School board members have qualified immunity, but may be liable, as individuals, for damages under section 1983 of the civil rights act of 1871.

Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi - 1989 (p. 163) ?

School committee's closed-session discussion and approval of drug search was exempt from open meetings law.

Brownell v. Los Angeles Unified School District - 1992 (p. 652)

School district did not have reason to foresee a gang-related shooting of a student.

Johnson v. Burmaster - 2007 (p. 127)

School district exceeded its statutory authority in operating a virtual charter school academy program for students beyond school district geographical borders.

Safford Unified School District v. Redding - 2009 (p. 474)

School district must provide reasonable suspicion that is also a significant threat to the students in order to strip search students. In this case, ibuprofen was not enough of a threat to strip search. There can be punitive damages; money awarded if this is violated.

Beth v. Van Clay - 2002 (p. 592)

School district placement of a student with a disability in special education with reverse mainstreaming opportunities meets least-restrictive environment provision.

McGilvra v. Seattle School District No. 1 - 1921 (p. 126)

School districts can exercise only those powers fairly implied or expressly granted by statute.

Parents Involved in Community Schools v. Seattle School District No. 1, et al. and Meredith v. Jefferson County Board of Education, et al. - 2007 (p. 1036)

School districts use of racial classifications for student assignments were not narrowly tailored to achieve diversity, violating the equal protection clause.

Campbell v. Board of Education of Town of New Milford - 1984 (p. 394)

School imposed academic sanctions for nonattendance. A school district can penalize students academically for missing classes.

Good News Club v. Milford Central School - 2001 (p. 266)

School's viewpoint discrimination was not required to avoid violating the establishment clause.

Lee v. Weisman - 1992 (p. 249)

Schools cannot compel attendance and participation in an explicit religious exercise at an event with a singular and educational importance to every student, where if a student who objects has no alternative.

Kenai Peninsula Borough School District v. Kenai Peninsula Education Association - 1977 (p. 980)

Scope of negotiations is essentially a question for legislative guidance.

Lee v. Pine Bluff School District - 2007 (p. 751)

Section 1983, a claim for denial of substantive due process, is not a remedy for death of a child on band field trip - due process clause is not a "font of tort law."

Brown v. Board of Education of Topeka - 1954 (p. 1007)

Separate-but-equal facilities are inherently unequal.

Parker v. Hurley - 2008 (p. 375)

Sexual orientation. Two sets of parents complained about books that included gay content, requesting that all parents be notified in advance of the books being read. Court dismissed case finding that the books did not violate religious beliefs.

Toney v. Fairbanks North Star Borough School District - 1994 (p. 787)

Sexual relationship with student in prior teaching employment constitutes immorality.

Clark County School District v. Breeden - 2001 (p. 935)

Single incident of alleged sexual harassment does not violate Title VII.

Hendricks v. Southfield Public Schools - 1989 (p. 739)

Snow pushed into mounds on playground does not constitute intentional nuisance.

Funston v. School Town of Munster - 2006 (p. 664)

Spectator who fell from bleachers without back supports was contributorily negligent.

Lemon v. Kurtzman - 1971 (p. 193) **Important case

State aid to parochial schools through salary supplements and purchase of services constitutes impermissible entanglement between church and state.

Chittenden Town School District v. Department of Education - 1999 (p. 227)

State constitution's "compelled support clause" renders tuition reimbursement to sectarian schools unconstitutional.

Wallace v. Jaffree - 1985 (p. 246)

State statute authorizing a period for meditation or voluntary prayer violates the establishment clause.

Shepheard v. Godwin - 1968 (p. 96)

State statute impeding intent of federal statute violates supremacy clause.

Stone v. Graham - 1981 (p. 243)

State statute requiring posting of copy of ten commandments in walls of each public classroom is violative of establishment clause.

United States v. South Carolina - 1977 (p. 907)

State use of test scores both for certification purposes as a salary factor does not violate equal protection clause or Title VII of Civil Rights Act.

School District of Abington Township v. Schempp and Murray v. Curlett - 1963 (p. 240)

State-enforced bible reading and prayer in the public schools are unconstitutional.

Garcetti v. Ceballos - 2006 (p. 825)

Statements made by public employees, pursuant to their official duties, that are objectionable to their public employer are not insulated by the First Amendment and against discipline.

Ambach v. Norwick - 1979 (p. 764)

Statute forbidding certification to persons who are not citizens and have manifested no intent to become citizens is not violative of equal protection.

In the Petition to Transfer Territory from High School District No. 6, Lame Deer, Rosebud County, Montana, to High School District No. 1, Hardin, Big Horn County v. Lame Deer High School District - 2000 (p. 135)

Statute giving Superintendents authority to transfer territory among school districts is an unconstitutional delegation of legislative power.

Mosley v. Portland School District No. 1J - 1992 (p. 729)

Statutory immunity for discretionary acts absolves school district from liability.

Board of Education of the Westside Community Schools v. Mergens - 1990 (p. 258)

Students have a right to organize their own groups in public schools, whether these groups be religious, political, or philosophical.

Knox County Education Association v. Knox County Board of Education - 1998 (p. 851)

Suspicionless drug testing of teachers is constitutional.

School Board of Nassau County v. Arline - 1987 (p. 952)

Teacher afflicted with tuberculosis was "handicapped individual" within the meaning of Rehabilitation Act of 1973.

Scheer v. Independent School District No. I-26 of Ottawa County - 1997 (p. 776)

Teacher did not acquire tenure rights by working fourth year under temporary contract.

Medeiros v. Sitrin - 2009 (p. 643)

Teacher did not breach his duty by not having unimpeded view of students and failing to prevent altercation in which a student's ankle was fractured. Teacher could not have foreseen the altercation that resulted in the boy getting injured.

Boring v. Buncombe County Board of Education - 1998 (p. 350)

Teacher had students perform a controversial play. Teacher was moved to another school by principal. Teacher claimed the school board violated her first amendment right. The teacher's First Amendment claim failed for two reasons: First, the court analyzed the case as a standard public employee free-speech case. The majority determined that the teacher's selection of the play did "not present a matter of public concern and is nothing more than an ordinary employment dispute." The majority also said that the school had a legitimate educational reason for editing the play. School board, not teacher, has a right to fix curriculum.

Feldhusen v. Beach Public School District No. 3 - 1988 (p. 773)

Teacher who did not obtain necessary credit hours during specified period was not entitled to contract renewal.

Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools - 1988 (p. 955)

Teacher with AIDS cannot be prevented from returning to the classroom solely because of fear and apprehension of parents.

Perry v. Sindermann - 1972 (p. 873)

Teacher with de facto tenure is entitled to a hearing before termination of employment.

Richardson v. North Carolina Department of Public Instruction Licensure Section - 2009 (p. 767)

Teacher's "unethical" conduct in sending threatening and obscene letters to his supervisor constituted "immortality" justifying revocation of his teaching certificate.

Cowan v. Strafford R-VI School District - 1998 (p. 944)

Teacher's contract nonrenewal linked to her magic rock letter costituted Title VII religious discrimination.

Board of Directors of Lawton-Bronson v. Davies - 1992 (p. 796)

Teacher's dismissal for just cause is appropriate where shoplifting was determined to harm her effectiveness and competence.

Pickering v. Board of Education - 1968 (p. 813)

Teachers have a constitutional right to speak out freely on matters of public concern. Pickering's Two Prong Test: 1. Whether the public employee spoke as a citizen on a "matter of public concern" 2. If the answer to the above is "yes," then the question becomes whether the public employer had adequate justification for treating the employee differently from any other member of the general public.

Debra P. v. Turlington - 1983 (p. 389)

Teachers have to teach the content of the test, otherwise the test violates due process. Black students were failing an achievement test required to graduate at a significantly higher rate. After 12 years of integrated schools, students have the same curricula, texts, libraries and attendance requirements. The court decided that the test only violated the students rights when they were segregated, and not afforded the same educational opportunities. Once the schools were desegregated, the tests did not violate black students' rights.

Norwalk Teachers Association v. Board of Education of City of Norwalk - 1951 (p. 970)

Teachers may organize and bargain collectively but cannot strike.

Board of Education v. New Jersey Education Association - 1968 (p. 974)

Teachers' sanctions against board are concerted action toward illegal end.

Desselle v. Guillory - 1981 (p. 693)

Teachers, Kenneth Maillet, Maxwell Desselle and Garland Desselle, sued a parent who made allegations of the teachers' molesting students. Did qualified privilege protect the parent? Yes, because she acted in good faith with the intent of protecting the children. She should not get reimbursed for the attorney's fees because the suit was not frivolous.

Board of Education of Hopkins County v. Wood - 1986 (p. 791)

Tenure contract may be terminated for off-campus immoral conduct.

Plyler v. Doe - 1982 (p. 297)

Texas didn't want to pay for school for children of undocumented immigrants. The state is required to admit undocumented children and provide them with an education. 5th Amendment - life, liberty, property

Epperson v. State of Arkansas - 1968 (p. 382)

The Arkansas legislature passed a law prohibiting teachers in public or state-supported schools from teaching, or using textbooks that teach, human evolution. Epperson, a public school teacher, sued, claiming the law violated her First Amendment right to free speech as well as the Establishment Clause. The State's undoubted right to prescribe the curriculum for its public schools does not carry with it the right to prohibit, on pain of criminal penalty, the teaching of a scientific theory or doctrine where that prohibition is based upon reasons that violate the First Amendment. It violated either the Due Process clause of the 14th Amendment (because it was unconstitutionally vague) or the Free Speech clause of the First Amendment.

Mueller v. Allen - 1983 (p. 199)

The Court held that the law did not have "the primary effect of advancing the sectarian aims of the non-public schools," nor did it "excessively entangle" the state in religion. Importantly, the deductions were available to all parents, and therefore Minnesota did not "confer any imprimatur of state approval" on religious schools. Thus, the law passed the Court's three-pronged test announced in Lemon v. Kurtzman (1971) used to evaluate claims regarding the Establishment Clause.

Agostini v. Felton - 1997 (p. 204)

The Court overruled its decision in Aguilar v. Felton to determine that there was no evidence to support its previous presumption that allowing public school teachers to instruct in parochial schools would lead to an indoctrination of state-sponsored religion and thus a violation of the Establishment Clause.

Santa Fe Independent School District v. Doe - 2000 (p. 251)

The Court ruled that the school district's policy permitting student-led student-initiated prayer at football games violates the Establishment Clause.

Martinez v. Bynum - 1983 (p. 301)

The constitution permits States to restrict eligibility for tuition-free school based on residency / parents' residency. A student, Roberto Morales, born in the US, whose parents were living in Mexico, claimed residency with his sister to go to school for free in Texas - cannot go to school for free.

Hartzell v. Connell - 1984 (p. 66) **Important case

The court held that the imposition of fees for educational activities offered by public high school districts violates the free school guarantee. The constitutionality of such fees can neither be corrected nor justified by providing waivers for these fees.

Davenport v. Washington Education Association - 2007 (p. 988)

The first amendment is not violated by state requirement that labor unions receive affirmative authorization before spending nonmember's agency-shop fees.

Collins v. Faith School District No. 46-2 - 1998 (p. 779)

The school board's termination of a teacher for incompetence stemming from an indiscreet classroom discussion of homosexuality was arbitrary and invalid.

Sioux City Community School District v. Iowa Department of Education - 2003 (p. 144)

The school district by reason of statute has discretion in its provision of school transportation for students who live less than two miles from school. The Department has authority to review the school district's discretionary decisions, but the review is limited to determining whether the school district abused its discretion. The Department exceeded its authority by substituting its judgment for that of the school district.

Grabow v. Montana - 2002 (p. 148)

The school district's membership in a high school athletic association, under which the district consented to abide by association rules, did not constitute an unlawful delegation of school board power because each district contributes to and votes on all rules which members abide by.

Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary - 1925 (p. 293)

The state can require you to go to school, but cannot require you to go to public school. Compulsory education law requiring all children to attend public school violates due process clause.

Murphy v. State of Arkansas - 1988 (p. 318)

The state wanted to monitor achievement of home schooled students. If students aren't keeping up with achievement requirements, state wants to force students to attend public schools. If the state lets you home-school your children, they can also set standards for that education.

North Haven Board of Education v. Bell - 1982 (p. 930)

Title IX of the education amendments of 1972 protects employees against gender discrimination in educational institutions.

Collomy v. School Administrative District No. 55 - 1998 (p. 740)

Twelve-year-old who understood the dangers before suffering burns on school grounds cannot recover damages under the attractive nuisance doctrine.

Hutchison v. Toews - 1970 (p. 666)

Two 15 year old boys (Hutchison was one) made a homemade pipe cannon. The teacher gave them potassium chlorate to help them make it. The students knew it was dangerous. A student injured his hand. Injured student with knowledge of risk involved is contributorily negligent.

Foley v. Special School District of St. Louis County - 1998 (p. 602)

Under the 1997 IDEA amendments, a child with a disability who is voluntarily placed by parents in parochial school has no individual right to special education services. Public schools are not required to provide or fund special education services if parents choose to send their child to private schools.

Owens v. Colorado Congress of Parents, Teachers and Students - 2004 (p. 131)

Vouchers providing parental choice and funds for private schools violate local control provision in state constitution.

Irving Independent School District v. Tatro - 1984 (p. 605)

Was the provision of CIC for a student with a neurogenic bladder a required 'related service' under the Education of the Handicapped Act? Yes. If so, could the Tatros seek attorneys' fees through the Rehabilitation Act although other relief was available under the EHA? No. The provision of CIC was a 'related service' and not a 'medical service' under the Education of the Handicapped Act. Defined 'related service' as that which is required for a handicapped child to benefit from special education. Chief Justice Burger noted that Amber would not be able to attend school and benefit from special education without CIC. Chief Justice Burger also held that the Tatros were not entitled to relief under the Rehabilitation Act because relief was available under the EHA. Hence, the Court reversed the Fifth Circuit's holding that the Tatros were entitled to attorneys' fees.

Board of Ed. of Hendrick Hudson Central School District v. Rowley - 1982 (p. 577)

What does "free and appropriate public education" require in the context of the Education of All Handicapped Children Act of 1975? The Act does not require a school to provide a sign language interpreter to a deaf student when she is otherwise receiving personalized instruction and an adequate education. School administrations are allowed to determine what is required to meet a handicapped students individual needs.

Mozert v. Hawkins County Board of Education - 1987 (p. 365)

When students are not required to affirm or deny a belief or engage or refrain from engaging in a practice forbidden by their religion, no unconstitutional burden on the right to free exercise can be established. This holding has been interpreted and extended to various settings to allow public schools almost unlimited authority to decide subjects taught there and to limit parental intrusion on that authority. The court ruled in the defendant's favor in part, overturning the decision and stating that the School Board was not in violation for requiring the reading to children; it was up to them and their parents to interpret the book for themselves. However, the School Board was in violation of the first amendment when it had informed the students that there is not one particular way to worship and that they could find any way to express they desired. The School Board was required immediately to cease this action.

Duggar v. Sprouse - 1988 (p. 734)

Whether sovereign immunity is waived may depend on the specific terms of liability insurance policy.

Workman v. Mingo County Schools - 2009 (p. 327)

Yes. Students who do not have immunizations can be turned away from schools.