12 August 2020

New York District Court Turns Back Challenge to...

  The State of New York and the City School District of New York filed a lawsuit in the United States District Court for the Southern District of New York challenging the new Title IX regulations on a wide variety of procedural and substantive grounds.  For relief, plaintiffs sought a preliminary injunction, preventing the enforcement […]

04 August 2020

The Inevitable Class-Action Lawsuit

  Governors across the country abruptly closed schools with little or no notice last spring.  Educators responded heroically: creating programs for regular and special education students on the fly.  Those in leadership positions reacted predictably: avoiding controversy by declining to waive special education procedural and substantive requirement that were impossible to meet under the circumstances.  […]

13 July 2020

Sixth Circuit Allows Expelled Student’s Title I...

  Late last month, the Sixth Circuit issued a split 2‑1 decision in Doe v Oberlin College.  The case involved a student (Doe) who was expelled for allegedly sexually assaulting a female student (Roe).  After Doe was expelled, he claimed that the college had discriminated against him on the basis of sex.  In a nutshell, […]

10 July 2020

For Second Time, Bus Driver and School Found No...

  In 2019, we summarized a Michigan Court of Appeals case in which a student was injured at her bus stop when she was struck by a private vehicle.  The case revolved around whether the bus driver and the School District (Montague Area Public Schools) could be held liable under the theory that the bus […]

09 July 2020

Court Upholds Large Award for Teacher in Retali...

  The Court of Appeals recently released its decision in Davis v Jackson Pub Sch, an unpublished case pertaining to the Whistleblowers’ Protection Act (WPA).  Davis was a veteran teacher who “had received exemplary evaluations for her performance, and she had received an evaluation rating of ‘highly effective’ for the [2014‑2015] school year.”  But, in […]

01 July 2020

US Supreme Court Holds that State-Aid to Privat...

  On June 30, 2020, the United States Supreme Court struck down a broadly-worded and strictly-enforced “no-aid” provision of Montana’s constitution, interpreted to prohibit aid to religious schools. Espinoza v Montana Dept of Revenue, 591 US ___ (2020). Espinoza arose from a Montana statute that provided tuition assistance to parents who chose to send their […]

30 June 2020

Court Upholds Protection of Cheerleader’s Vulga...

  On June 30, 2020, the Third Circuit Court of Appeals issued its opinion in B.L. v Mahanoy Area Sch Dist, a case originating in Pennsylvania.  There, a disgruntled cheerleader, who had tried out for the varsity squad but was kept on the junior varsity squad, posted a “snap” on Snapchat containing the caption “fuck […]

15 June 2020

Supreme Court: Title VII Protects LGBTQ Employees

  On June 15, 2020, the United States Supreme Court issued a landmark decision in Bostock v Clayton County, Georgia.  Bostock involved three cases from different parts of the country: in the first case, an employee was terminated after he joined a gay recreational softball league; in the second case, an employee was terminated after […]

05 June 2020

Court of Appeals Upholds Termination of School ...

  The Michigan Court of Appeals recently released its decision in Jewett v Mesick Consol Sch Dist, ___ Mich App ___ (2020), which involved a claim of employment discrimination under Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA).  The relevant facts are as follows:  Plaintiff, Randy Jewett, was hired as a custodian for the Defendant […]

03 June 2020

At Their Discretion, School Districts May Still...

  Recently, the Michigan Legislature repealed Section 1179b of the Revised School Code which addressed the administration of opioid antagonists by school employees to persons believed to be experiencing an opioid-related overdose.  In its place, the Administration of Opioid Antagonists Act, MCL 15.671, et seq. was passed.  The new Act still permits school districts to […]