Justia Education Law Opinion Summaries

Student H.P.-B. resides with her adult cousin Q.T. within the geographical boundaries of Pottsgrove. H.P.-B. enrolled in Pottsgrove during the 2014–2015 school year. Q.T. does not have legal custody of H.P.-B—an August 2008 order grants primary physical and legal custody to H.P.-B.’s grandmother, E.E. Q.T. filed an IDEA due process complaint on H.P.-B’s behalf. The district court held that a straightforward application of C.F.R. 34 Section 300.30 (b)(2) “dictates that Q.T. does not qualify as H.P.-B.’s ‘parent’ for purposes of the IDEA.” Q.T., E.E., and F.P. appealed the district court’s order. Appellants argued that the district court erred by holding that Q.T. does not qualify as H.P.-B.’s parent for purposes of the IDEA and, thus that Q.T. is unable to file a due process complaint on H.P.-B.’s behalf.   The Third Circuit reversed and remanded. The court explained the district court erred in finding that Q.T. did not qualify as H.P.-B.’s parent and thus lacked standing to file a due process complaint on H.P.-B.’s behalf. The court reversed the district court’s decision and remanded with instructions to vacate the hearing officer’s order dismissing Q.T.’s due process complaint. The court explained there is ample evidence in the record that Q.T. was acting in the place of H.P.-B.’s natural parent, satisfying the third definition of “parent.” The record shows Q.T. affirmed that she was supporting H.P.- B. assumed all personal obligations related to school requirements for H.P.-B. and intended to keep and support H.P.-B. continuously, and not merely through the school year. View "Q. T. v. Pottsgrove School District" on Justia Law

Plaintiff alleged that when he was a first-year student-athlete at the University of Arizona, his teammates subjected him to frequent “sexual and homophobic bullying” because they perceived him to be gay. He claims that the Arizona Board of Regents and the University of Arizona (“University Defendants”) were deliberately indifferent to his claims of sexual harassment and that they retaliated against him in violation of Title IX. He also brings claims under 42 U.S.C. Section 1983 against two of his coaches (collectively, “Defendant Coaches”). Finally, he sought punitive damages against the Defendant Coaches. The district court dismissed the action.   The Ninth Circuit affirmed in part, vacated in part, and reversed in part the district court’s dismissal of Plaintiff’s action. The panel held that Title IX bars sexual harassment on the basis of perceived sexual orientation. The panel held that discrimination on the basis of sexual orientation is a form of sex-based discrimination under Title IX. The panel held that Plaintiff sufficiently alleged the first, third, and fourth elements of his Title IX harassment claim, but the operative complaint failed to allege a deprivation of educational opportunity. The panel affirmed the dismissal of the harassment claim, vacated the portion of the district court’s order denying leave to amend, and remanded for the district court to consider Plaintiff’s request to amend the complaint again, should he renew that request before the district court. The panel held that the operative complaint sufficiently alleged that Plaintiff suffered harassment on the basis of perceived sexual orientation and that Defendants retaliated against him when they failed to investigate his accusations adequately. View "MICHAEL GRABOWSKI V. ARIZONA BOARD OF REGENTS, ET AL" on Justia Law

The Supreme Court reversed the order of the circuit court granting Respondents' motion for a preliminary injunction in the circuit court seeking to enjoin Petitioners from creating "any West Virginia Professional Charter School Board-authorized charter schools absent a voter of country residents," holding that Respondents lacked standing to seek the preliminary injunction.House Bill 2012, passed in 2021, created the West Virginia Professional Charter School Board (PCSB) tasked with authorizing and approving public charter schools. Respondents brought this action seeking to prevent the creation of public charter schools without a majority vote of the citizens of the county in which the charter schools would be located. Respondents were granted a preliminary injunction enjoining Governor James Justice and related persons from enforcing HB 2012 in the creation of PCSB-authorized charter schools. The Supreme Court reversed, holding that Respondents lacked standing to seeking the injunction because Governor Justice lacked the ability to authorize public charter schools and because granting injunctive relief does not prevent the PCSB from authorizing public charter schools. View "Blair v. Brunett" on Justia Law

Plaintiff filed this pro se action in federal district court alleging, as relevant here, that the Dallas Independent School District (DISD) violated her children’s rights under the Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. Section 2000ff, et seq. The district court dismissed the GINA claims because Plaintiff lacked Article III standing to bring those claims on her own behalf and because Plaintiff—who is not a licensed attorney—could not proceed pro se on behalf of her children. On appeal, Plaintiff contends that the district court erred in holding that she cannot represent her children in federal court.   The Fifth Circuit vacated the district court’s dismissal of the GINA claims and remanded. The court held that an absolute bar on pro se parent representation is inconsistent with Section 1654, which allows a pro se parent to proceed on behalf of her child in federal court when the child’s case is the parent’s “own.” 28 U.S.C. Section 1654. The court explained this condition would be met if federal or state law designated Plaintiff’s children’s cases as belonging to her. The court remanded because the district court did not have the opportunity to consider whether Plaintiff’s children’s claims under the GINA belong to Plaintiff within the meaning of Section 1654. View "Raskin v. Dallas Indep Sch Dist" on Justia Law

H.K., a high-school student, created a fake Instagram account impersonating one of his teachers. The account was benign at first, but became graphic, harassing, and threatening when two of his friends added their own posts to the account. The posts included statements about sex and violence. News of the account spread. H.K.’s friends tagged teachers in their posts. H.K. eventually decided that the attention was too much and deleted the account. The school traced the account to H.K. and the other two students and imposed an immediate five-day suspension pending further investigation. After concluding the investigation and providing H.K. with an administrative hearing, the school suspended him for 10 days.The district court granted the defendants summary judgment in H.K.’s suit under 42 U.S.C. 1983. The defendants had the authority to regulate H.K.’s off-campus speech; the “gross misbehavior” rule the defendants relied on to discipline H.K. was sufficiently definite. The student speech at issue involved serious or severe harassment of three teachers and another student; H.K. bore some responsibility for the speech and the speech substantially disrupted classwork or the defendants reasonably believed the speech would disrupt classwork. View "Kutchinski v. Freeland Community School District" on Justia Law

Speech First, Inc., which identifies itself as a national organization committed to protecting the rights of college students, initiated this action against the President of the Virginia Polytechnic Institute and State University (Virginia Tech or the University). Speech First asserts that two Virginia Tech policies — the Bias Intervention and Response Team Policy (the Bias Policy) and the Informational Activities Policy — violate the First Amendment rights of its student members. Speech First asked the district court to preliminarily enjoin both policies. The district court held that Speech First (1) lacked standing to challenge the Bias Policy because its members had suffered no injury in fact, and (2) failed to demonstrate a likelihood of success on the merits as to the Informational Activities Policy because the record was, at that time, inadequate as to that policy. Speech First appealed.   The Fourth Circuit affirmed. The court explained that Speech First offers only speculation in support of its argument that it has suffered an injury in fact. Because the district court’s factual findings make clear that no record evidence establishes any such injury, the organization has failed to establish an injury in fact and so lacks standing to challenge the Bias Policy. The court explained that once this case is returned to the district court, and after further factual development has taken place, it will be for that court to determine in the first instance whether the Informational Activities Policy complies with the First Amendment. Without a developed record, the district court did not err in determining that Speech First has not yet shown that it is likely to succeed on the merits. View "Speech First, Inc. v. Timothy Sands" on Justia Law

Five University System of Georgia (“USG”) professors filed suit to block a 2017 statutory amendment that removed public colleges and other public postsecondary educational institutions from the statutory definition of “school safety zone.” Before the 2017 amendment, carrying or possessing a weapon on any real property or in any building owned by or leased to any postsecondary educational institution was a misdemeanor, and the 2017 amendment decriminalized that conduct. The professors alleged that, as a result of the 2017 amendment, the Code required the Board of Regents, the USG, and USG institutions to permit persons to carry or possess weapons on the campuses of public postsecondary educational institutions, contrary to longstanding USG policies. The professors sought a declaration that the statutory amendment was unconstitutional as applied because it usurped the Board’s constitutional authority to govern, control, and manage the USG and its member institutions. The trial court granted the State's motion to dismiss the complaint and denied the professors’ request for declaratory relief, ruling that the trial court lacked jurisdiction on three alternative grounds, including mootness. The Georgia Supreme Court found that because the complaint showed that the Board adopted gun-carrying policies consistent with the 2017 statutory amendment, the question of whether the amendment usurped the constitutional authority of the Board to govern, control, and manage the USG and its member institutions became moot. Consequently, the trial court lacked jurisdiction to adjudicate the professors’ as-applied challenge, and the judgment dismissing the professors’ complaint on that basis was affirmed. View "Knox v. Georgia" on Justia Law

In 2017, when Plaintiff was in elementary school, he was diagnosed with autism spectrum disorder, language disorder, and anxiety. Between 2017 and 2021, Plaintiff's parents asked Defendant School District at least four times to allow Plaintiff to be accompanied at school by an ABA therapist, at no cost to the school district. The school district denied the first three requests and did not respond to the fourth request.Plaintiff's father filed a three-count complaint against the school under the Rehabilitation Act on behalf of his child. The complaint did not mention the Individuals with Disabilities in Education Act. The district court denied Plaintiff's claim based on his failure to exhaust administrative remedies. Plaintiff appealed.The Fourth Circuit held that the district court erred in concluding Plaintiff needed to exhaust administrative remedies under the IDEA before bringing this suit because his complaint was not brought under the IDEA. View "Z. W. v. Horry County School District" on Justia Law

Kean University implements New Jersey’s Policy Prohibiting Discrimination in the Workplace through its Affirmative Action Office, which conducts an investigation and prepares a report. Kean’s Chief of Staff reviews the report and makes a final determination. A final determination by the Chief of Staff may be appealed to the New Jersey Civil Service Commission. In 2016, adjunct professor Borowski was accused of making insensitive in-class statements about gender, immigration status, ethnicity, and religion. The Chief of Staff ruled against her. Borowski’s teaching assignment was terminated.Borowski appealed to the Commission, which recognized that material facts were in dispute, and referred the matter to an ALJ. Before a decision on the ensuing hearing, Kean alerted the ALJ of an intervening Commission decision, holding that adjunct professors were not civil service employees entitled to appeal final determinations of Policy violations. The ALJ dismissed Borowski’s appeal; the Commission affirmed.Instead of appealing in the state-court system, Borowski sued in federal court. The district court relied on Younger abstention to dismiss the case. The Third Circuit vacated. Younger abstention prevents federal court interference with only certain types of state proceedings, such as quasi-criminal civil enforcement actions. An appeal to the New Jersey Civil Service Commission is neither quasi-criminal nor within another category of Younger-eligible proceedings. Another prerequisite for Younger abstention is that the state proceeding must be ongoing; the Commission’s dismissal was final. View "Borowski v. Kean University" on Justia Law

John MM. Doe, by and through his guardian ad litem, C.M. (Doe’s mother), and B.S. (Doe’s father) (collectively real parties in interest), sued petitioner Victor Valley Union High School District (the district) for negligence and other causes of action arising from an alleged sexual assault on Doe while he was a high school student. During discovery, real parties in interest learned video that captured some of the events surrounding the alleged sexual assault had been erased. Real parties in interest moved the superior court for terminating sanctions or, in the alternative, evidentiary and issue sanctions against the district under Code of Civil Procedure section 2023.030. The trial court concluded the erasure of the video was the result of negligence and not intentional wrongdoing, and it denied the request for terminating sanctions. However, the court granted the request for evidentiary, issue, and monetary sanctions because it concluded that, even before the lawsuit was filed, the district should have reasonably anticipated the alleged sexual assault would result in litigation and, therefore, the district was under a duty to preserve all relevant evidence including the video. On appeal, the district argued the trial court applied the wrong legal standard when it ruled the district was under the duty to preserve the video when it was erased and, therefore, that the district was not shielded from sanctions by the safe-harbor provision of section 2023.030(f). The Court of Appeal concluded the safe-harbor provision of section 2023.030(f) did not shield a party from sanctions for the spoliation of electronic evidence if the evidence was altered or destroyed when the party was under a duty to preserve the evidence. The Court found the record supported the trial court’s ruling that the district was on notice that litigation about Doe’s alleged sexual assault was reasonably foreseeable, and therefore, the safe-harbor provision did not apply. The Court granted the real parties’ petition in part and directed the trial court to reconsider whether the form of sanctions imposed were warranted. View "Victor Valley Union High School Dist. v. Super. Ct." on Justia Law