This is the first in a series of previews in the School Law Blog on the three education cases being argued in the U.S. Supreme Court this month. A quirky case over whether the state of Arizona’s spending on English-language learners satisfies an obscure federal civil rights law goes before the U.S. Supreme Court next week. One surprise of Horne v. Flores (Case No. 08-289) is that the appeal has attracted far more friend-of-the-court briefs than the other two education cases the justices will hear this month, one involving the constitutionality of a school’s strip-search of ...


A Nevada school district has settled a lawsuit brought on behalf of a former student who alleged that school officials failed to adequately respond to harassment she suffered because she openly displayed her Muslim faith. Under the settlement, former student Jana Elhifny will receive $350,000 from the Washoe County school district, which will be paid by the district's insurance carrier. Her lawsuit alleged she was harassed by fellow students for wearing a traditional head scarf in recognition of her Islamic faith and Egyptian heritage. The district also settled a related suit brought by a friend of Elhifny's who says ...


The Obama administration is siding with parents in a case before the U.S. Supreme Court about whether private school tuition can be reimbursed when a child has never received special education services in public school or even been enrolled in public school. "When a child with a disability has been denied a free appropriate public education, [the Individuals with Disabilities Education Act] authorizes an awardof private-school tuition reimbursement regardless of whether the child previously received public special education," says the brief filed by U.S. Solicitor General Elena Kagan in Forest Grove School District v. T.A. (Case No. ...


The U.S. Supreme Court has agreed to decide whether lawyers who press civil rights cases, such as to improve a state's foster-care system, may be awarded extra money on top of normal attorneys' fees when they bring about major changes. The justices on Monday granted an appeal by the state of Georgia in a case involving an award of $10.5 milllion in attorneys' fees for lawyers who brought a class action over the state's system for handling children in foster care A federal district judge authorized a $4.5 million enhancement on top of a $6 million regular ...


A federal appeals court today upheld a lower-court ruling granting unitary status to the Little Rock, Ark., school district in a long-running desegregation case. "The judgment declaring the Little Rock School District to be completely unitary is affirmed," said the unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 8th Circuit, in St. Louis. The court rejected an appeal from a group of black parents who intervened in a desegregation case that began in 1982, well after Little Rock's historic battle over integrating its Central High School in the late 1950s. U.S. District ...


When is an apparent legal victory for protesting students not really a victory? When their lawyers fail to win an award of attorneys' fees. A federal appeals court has ruled that students who challenged their suspension for walking out of school to join a budget protest were not prevailing parties, even though a federal district judge sympathized with them and suggested he would grant the orders and injunction they sought. The trouble is, the judge never actually issued the temporary restraining order or injunction, the appeals court said. The case stems from a 2004 incident in which students walked out ...


The U.S. Supreme Court took up an age-discrimination case today with potential importance for the employment practices of schools. The issue in Gross v. FBL Financial Services Inc. (Case No. 08-441) is whether a plaintiff suing under the federal Age Discrimination in Employment Act must present direct evidence of bias to obtain a "mixed-motive" jury instruction. Such an instruction is potentially advantageous to plaintiffs because it shifts the burden of proof to employers to show there was a legitimate reason for an adverse job action in addition to any discriminatory ones. The justices ruled in a 2003 case, Desert ...


The Obama administration has filed a brief in the U.S. Supreme Court that backs efforts to bring about greater funding for English-language learners in Arizona public schools. The administration filed the friend-of-the-court brief in Horne v. Flores (Case No. 08-289) on the side of the state of Arizona and parents in the community of Nogales in a long-running case over how much funding the state must provide for English learners under a federal civl rights law. In an unusally divisive split within a state government, the state and the Arizona state board of education are lined up on one ...


Catching up with some developments of the week: School Vouchers: The Arizona Supreme Court struck down two voucher programs as violating the state constitution's prohibition against appropriating money for private or religious schools. The court's March 25 decision in Cain v. Horne, which concerns voucher programs for students with disabilities and for children in foster care, is here.The Arizona Republic reports here. The decision is the latest evidence that despite voucher proponents' 2002 victory in the U.S. Supreme Court in Zelman v. Simmons-Harris, the opponents of vouchers have many state constitutional arguments to pursue. End to Single-Sex Classes: ...


Here's a case with lessons for school administrators, especially when a school incident has grown into a national news story. And it has even greater lessons for the news media when it comes to verifying the facts about controversial incidents in schools. At a middle school in Lewiston, Maine, in April 2007, a student placed a bag containing ham on a cafeteria table where some Muslim students from Somalia were eating lunch. Muslims, of course, do not eat any form of pork, and the gesture offended the Somali students. They said it reminded them of an earlier incident in Lewiston ...


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