Legal Issues in Education

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Legal Issues in Education
Court Case Holdings
1. Franklin vs. Gwinnet County Public Schools (1992): When a school district fails to act on
reports of sexual harassment, the district is held accountable, therefore giving the victim
the right to receive monetary compensation as stated in Title IX of the Federal Education
Act. Not acting on sexual harassment reports is a violation of the 14th amendment.
2. Falvo vs. Owasso Independent School District (2000): The court held that the practice of
peer grading in the classroom does not violate the student’s 14th amendment or the
FERPA Act.
3. Fagen vs. Summers (1972): In this case, teachers and school districts cannot be held
accountable for accidents that occur on the playground. The plaintiff’s claim of teacher
negligence did not violate any laws or amendments because there was no way the teacher
could have prevented the accident.
4. Mailloux vs. Kiley (1971): The court ruled that the school district violated the 14th
amendment by denying the teacher property rights when he was unjustly fired. The court
upheld the ruling that firing the teacher for writing the “f” word on the board was
unconstitutional.
5. Bradley vs. Pittsburgh Board of Education (1990): The court held that The Pittsburgh
Board of Education did not violate Bradley’s right to academic freedom under the 1st
amendment by denying him the right to use the Learnball methodology of teaching or due
process of law under the 14th amendment by firing him.
6. Mozert vs. Hawkins County Public Schools (1988): The case held that students and
parents do not have a right to alternative curriculum, and their rights under the 1st and 14th
Amendments were not violated.
7. Wisconsin vs. Yoder (1972): Upholding the religious freedom of the Old Order Amish,
the court held the compulsory attendance laws were a violation of the 1st Amendment on
the grounds of freedom of religion.
8. Tinker vs. Des Moines Community School District (1969): As a violation of the 1st and
14th Amendments, school districts may not impose on students’ decision to shed their
constitutional rights of freedom of speech or expression at school.
9. Karr vs. Schmidt (1972): Imposing rules of appropriate grooming and hair length in
public schools does not violate a student’s 1st and 14th amendment. The US Supreme
Court denied the case altogether.
10. Hazelwood School District vs. Kuhlmeier (1988): The US Supreme Court held that
public school curricular student newspapers that have not been established as forums for
student expression are subject to a lower level of protection by the 1st Amendment than
expression from independent students or newspapers established only for student
expression. Therefore, the action of the principal did not violate students’ rights under the
1st amendment.
11. New Jersey vs. T.L.O (1985): The school has a right to conduct a reasonable search of
student belongings under the 4th and 14th amendments, so long as it is supported by
reasonable suspicion or just cause.
12. Bethel School District No. 403 vs. Fraser (1986): The court held that censorship of
students’ speeches being presented before the student body is not a violation of the 1st
and 14th amendments.
13. Ingraham vs. Wright (1977): Corporal punishment in the classroom was ruled not cruel
and unusual; therefore, the student’s right under the 8th amendment was not violated. The
immediate use of corporal punishment in the classroom did not violate the 14th
amendment because the court agreed that punishment is most effective when directly
delivered following the violation, and that by waiting the student would not have truly
understood the severity of the infringement.
14. Gebser vs. Lago Independent School District (1998): The court held that under Title IX
of the Education Act of 1972, the school district cannot be held accountable for a
teacher’s sexual conduct with a student unless the conduct is known by the district or
other school personnel.
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