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May 2009 Archives

Sotomayor Is Supreme Court Pick

Judge Sonia Sotomayor has served as a federal district court judge, has been on the U.S. Court of Appeals for the Second Circuit, in New York, since 1998, and has heard a number of education-related cases.


Court Revives Suit on School Employee's Loyalty to Former Boss

A federal appeals court on Monday revived the employment-discrimination lawsuit of a school district worker who alleges she was demoted for showing loyalty to her ousted supervisor. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, unanimously overturned a summary judgment for the Washoe County, Nev., district in the case of Kathleen Nichols, who was an administrative assistant to the district's general counsel. According to court papers, when the general counsel, Jeffrey Blanck, got into hot water with the district superintendent, Nichols was transferred to a job in the human-resources department. As ...


Court Backs School Board on Restriction of Reporter

Members of a Virginia school board were entitled to qualified immunity from a lawsuit alleging that they illegally barred a newspaper reporter from the grounds of a public school, a federal appeals court has ruled. The ruling by a three-judge panel of the U.S. Court of Appeals for the 4th Circuit, in Richmond, Va., came in the case of a community newspaper reporter, Earl F. Cole, who was barred from Buchanan County schools after several incidents, including one where he entered an elementary school and photographed students without reporting to the principal's office. Some community members also expressed concerns ...


Court Backs School District in Title IX Suit

A school district was not liable for a teacher's alleged sexual harassment of a female student, despite some past red flags about the teacher's behavior, a federal appeals court ruled. A three-judge panel of the U.S. Court of Appeals for the 8th Circuit, in St. Louis, held that the Mitchell, S.D., school district wasn't liable under Title IX because no appropriate school official had knowledge of the harassment and the district did not act with deliberate indifference when it learned of the allegations. The case concerns a high school American government teacher who allegedly took an unusual interest ...


Consent Decree Limits Religion at Fla. School District

A federal district judge has approved a consent decree in which a Florida school district agrees to end school-sponsored religious practices, including prayers and baccalaureate services. "School officials shall neither offer nor participate in a prayer during or in conjunction with a school event," says one of many requirements set forth in the consent decree approved May 6 by U.S. District Judge M. Casey Rodgers of Pensacola, Fla. The decree came in a lawsuit filed by the American Civil Liberties Union of Florida on behalf of two high school students against the Santa Rosa County school district. The decree ...


Teacher's Criticism of Religion Draws Rebuke

A decision last Friday by a federal district judge in California in a lawsuit over a teacher's comments in the classroom is getting a lot of attention. It was even discussed on "The View" today. Judge James V. Selna of Santa Ana, Calif., ruled that a teacher's classroom statement that creationism is "superstitious nonsense" violated the rights of a student in the teacher's Advanced Placement European history course. The statement by teacher James Corbett "primarily sends a message of disapproval of religion or creationism," Judge Selna said in his May 1 opinion, and that violates the First Amendment right of ...


Justice Souter on Education

Souter has done his most prolific opinion writing on cases involving government aid to religion or religion in the public schools.


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