Justia Education Law Opinion Summaries

Plaintiff, hired in 2003 by Northwestern University, was denied tenure in 2007 and fired in 2008. The district court dismissed her sex discrimination suit under Title VII, 42 U.S.C. 2000e, finding that only the denial of tenure occurred within the 300-day window for filing a charge of discrimination, and finding that no reasonable jury could infer that plaintiff was denied tenure because she is a woman. The Seventh Circuit affirmed, noting plaintiff’s history with respect to publication and obtaining grants. View "Blasdel v. Northwestern Univ." on Justia Law

Samuel Milligan, then a freshman at Southern Illinois University, had uncomfortable encounters with a professor emeritus at, and substantial donor to, SIU, during which Meyers touched Milligan inappropriately and complimented him on what Meyers believed to be his feminine features. SIU banned Meyers from campus pending completion of an investigation and warned that he would be subject to arrest for trespass. Milligan saw Meyers on campus more than times after the ban was imposed. SIU public safety personnel escorted Meyers off campus each time they became aware of his presence but, on instructions from the Director of Public Safety, he was not arrested. Although Milligan lost his campus job, he was able to get another and to gain admission to graduate school. Milligan sued SIU under Title VII 42 U.S.C. 2000e-2(a)(1) and Title IX for creating a hostile work and educational environment and also for retaliating against him for complaining about Meyers’ harassment. The district court granted summary judgment to SIU. The Seventh Circuit affirmed, finding that the statutes do not set a higher standard for “more vulnerable” student workers and that SIU responded appropriately to the situation. View "Milligan v. Bd. of Trs. of S. IL Univ." on Justia Law

Medlock was a student at Indiana University, living in a single room in a dormitory. As part of a routine “health and safety inspection,” two University resident assistants searched Medlock’s dormitory room for safety hazards. Medlock was not present at the time. When the resident assistants entered the room, they discovered marijuana in plain sight, and notified University police, who later entered Medlock’s room and seized the drugs. The Dean summarily suspended Medlock for one year. After exhausting internal appeals, Medlock sought a preliminary injunction, citing violation of his Fourth Amendment rights. The district court denied his motion. The Seventh Circuit dismissed an appeal as moot because the suspension had expired. View "Medlock v. Trs. of IN Univ." on Justia Law

Ekstrand taught kindergarten from 2000 to 2005. In 2005, she was reassigned to teach a first-grade class at her own request. She was relocated to a classroom with no exterior windows in a busy, loud area of the school. Ekstrand repeatedly requested a change of classroom. The principal worked to make the classroom more hospitable, but denied requests to switch rooms. After the school year began, Ekstrand experienced symptoms of seasonal affective disorder, a form of depression. Both her psychologist and her primary care physician recommended a leave of absence. Her initial leave was only three months, but the following winter, her doctor advised that Ekstrand would be unable to return to teach for the remainder of the 2005-06 term. The leave of absence was later extended to include the 2006-07 term. The district court granted the district summary judgment, but on remand, a jury returned a verdict in favor of Ekstrand under the Americans with Disabilities Act. The Seventh Circuit affirmed. There was sufficient evidence for a reasonable jury to decide that Ekstrand was a qualified individual with a disability and that the school district knew of that disability, but failed to accommodate her with a new classroom. View "Ekstrand v. Sch. Dist. of Somerset" on Justia Law

Plaintiffs were high school football players that earned scholarships to play for National Collegiate Athletic Association Division I football programs. Both suffered career-ending football injuries at college. Their athletic scholarships were good for one year. When injuries prevented them from playing football, their scholarships were not renewed. Plaintiffs challenge two NCAA regulations as having an anticompetitive effect, in violation of the Sherman Act. 15 U.S.C. 1: the cap on the number of scholarships given per team and the prohibition of multi-year scholarships. The district court dismissed, finding that plaintiffs failed to allege a relevant commercial market on which NCAA Bylaws had an anticompetitive effect. The Seventh Circuit affirmed. It was not clear whether plaintiffs believed that the Bylaws affect an overall market for degrees, which would impact scholarship athletes and non-athletes alike, or some market that only concerns athletes attempting to obtain education in exchange for athletic services. Plaintiffs claimed that they alleged that there was no practical alternative for students wishing to pursue an education in exchange for playing ability, but the complaint explained the lack of practical alternatives for colleges wanting to field teams outside of the NCAA framework, not the lack of alternatives for student-athletes. View "Agnew v. Nat'l Collegiate Athletic Ass'n" on Justia Law

The Chicago Tribune published articles revealing that the University of Illinois had a special process for reviewing applications from students with well-placed supporters. The President of the University system, the Chancellor of one campus, and seven of the nine members of the Board of Trustees eventually resigned. The Tribune sought additional information through the Freedom of Information Act, 5 ILCS 140/1: the names and addresses of the applicants' parents and the identity of everyone involved in the applications. The University invoked Exemption 1(a), which provides that agencies will withhold information specifically prohibited from disclosure by federal or State law, pointing to 20 U.S.C. 1232g(b)(1), Family Education Rights and Privacy Act of 1974, as prohibiting disclosure. It precludes federal funding for any educational institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein) of students without the written consent of their parents. The Tribune asked a federal district court for a declaratory judgment, which was granted on grounds that the 1974 Act does not prohibit disclosure, just funding. The Seventh Circuit vacated and ordered dismissal for lack of subject matter jurisdiction. View "Chicago Tribune Co. v. Bd. of Trs., Univ of IL" on Justia Law

Dass, born in India, was first hired as a teacher in 1991. In 2002, Dass was hired at Casals. Donaldson was the principal and rated Dass's overall performance through 2005 as excellent, but never recommended Dass for tenure based on concern that Dass was not a strong disciplinarian. Donaldson retired in 2005 and non-renewed Dass for the 2005-2006 school year. Dass was rehired for the year, but because of an error, was displaced after that school year when Casals lost teaching positions due to budget constraints. Dass won a grievance and was reinstated. Dass received medical leave in December 2006. She did not return the rest of the school year. In 2007, the principal recommended non-renewal. The Board accepted the recommendation. Dass filed suit, alleging national origin discrimination and retaliation under the Civil Rights Act of 1964, 42 U.S.C. 2000e; discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. 12101.; and discrimination under 42 U.S.C. 1981. The district court granted defendants summary judgment. The Seventh Circuit affirmed. Assignment to teach seventh grade was not an adverse employment action and there was no evidence of discrimination based on national origin. View "Dass v. Chicago Pub. Schs." on Justia Law

In 2006, plaintiff, then in ninth grade, was reported as having a knife. The school board held a hearing and entered an expulsion order. Plaintiff was conditionally reinstated for the next school year. In 2007 an administrator learned that the statement, "Only one bullet left, no one to kill but myself," appeared on plaintiff's backpack. Three more incidents involving threats or physical violence followed. Following meetings, he was permanently expelled and enrolled in private school. The state superintendent reversed the expulsion, but plaintiff remained in private school. Seen using the public school gym facilities, plaintiff was asked to leave; he became agitated and confrontational. The school barred him from the premises and he was subsequently cited for trespass. The district court entered summary judgment for the district with respect to his many claims under 42 U.S.C. 1983. He appealed with respect to the ban on entering school grounds. The Seventh Circuit affirmed. As a member of the public, plaintiff does not have a protected liberty interest in accessing school grounds; defendants had no obligation to provide him with process in connection with the ban.View "Hannemann v. S. Door Cty. Sch. Dist." on Justia Law

Under the Individuals with Disabilities Education Act, 20 U.S.C. 1400, states receive federal funding for education of disabled children if local schools provide a "free appropriate public education" to all resident children with disabilities. Local districts must identify children with disabilities, determine whether they require special-education services, and develop individualized education programs (IEPs) tailored to each student's specific needs. In 2001, students with disabilities sued Milwaukee Public Schools and the Wisconsin Department of Public Instruction, alleging IDEA violations. The case became focused on "child find" requirements. DPI settled by agreeing to order MPS to meet compliance benchmarks. The district court approved the settlement over MPS's objection and ordered MPS to set up a court-monitored system to identify disabled children who were delayed or denied entry into the IEP process, implement hybrid IEP meetings, and craft compensatory-education remedies. The Seventh Circuit vacated the class-certification order and liability and remedial orders. IDEA claims are highly individualized, making the case unsuitable for class-action treatment. The claims lack commonality required by Rule 23(a)(2). DPI's settlement was vacated as requiring more of MPS than DPI had the statutory authority to demand. View "Jamie S., v. Milwaukee Pub. Sch." on Justia Law

Plaintiffs challenged the school district practice of giving preference to the boys' Friday and Saturday night basketball games, asserting that non-primetime games result in a loss of audience, conflict with homework, and foster feelings of inferiority. The district court dismissed the claims under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681(a) and an equal protection claim, 42 U.S.C. 1983 on grounds of sovereign immunity. The Seventh Circuit vacated. Plaintiffs presented a genuine question of fact that such practices violate the statute. Defendants are "persons" within the meaning of section 1983, subject to suit under that statute.View "Parker v. Franklin Cnty. Cmty Sch. Corp." on Justia Law