Federal Courts

What cases have been brought to a federal court relating to education in 2007-08?

Board of Education of the City School District of the City of New York v. Tom F. The Supreme Court declined to take sides in the issue of reimbursement for the private education of those with special needs in a case brought by MTV co-founder Tom Freston. On October 10, 2007, the Court affirmed the decision below in Board of Education of the City School District of New York v. Tom F.. The per curiam decision reflected a 4-4 vote, with Justice Anthony Kennedy taking no part in the consideration of the case.



What landmark Supreme Court decision has affected education?

Keyishian v. Board of Regents (1967): Supreme Court ruling stated that schools must function as “a marketplace of ideas.” Decision invalidated loyalty oaths that required educators to swear that they did not belong to subversive organizations.





Tinker v. DesMoines Independent Community School District (1969): Court upheld the right of students to wear black arm bands as a sign of protest against the Vietnam War. Private student expression was constitutionally protected as long as it does not “materially and substantially” interfere with the appropriate discipline in operation at the school or collide with the rights of others.





Bethel School District No. 403 v. Fraser (1986): Ruling upheld the power of authorities to censor lewd, vulgar, and indecent student expression. This decision empowers school officials to impose appropriate dress codes that do not discriminate on the content of students’ messages and are not discriminatorily enforced.





Hazelwood School District v. Kuhlmeier (1988): Case upheld the power of public school officials to censor student expression in school newspapers and other school-sponsored activities as long as the censorship decisions are rooted in pedagogical concerns.





Board of Education v. Pico (1982): Court affirmed the broad discretion delegated to school boards when making instructional decisions, be they social, moral, or political. As a result, the Court affirmed the power of local boards to remove vulgar or educationally unsuitable materials from the schools.





Pickering v. Board of Education (1968): Teachers have a legal right to express their opinions on matters of public concern.





Mt. Healthy City School District v. Doyle (1977): Schools have a right to dismiss employees who air their concerns publicly so long as sufficient cause exists to terminate them independently of the protected speech.





Givhan v. Western Line Consolidated School District (1979): Ruling noted that if statements pertain to matters of a public concern, expressions made in private or through a public medium are constitutionally protected.





Connick v. Myers (1983): Form, context, and content must be considered when determining public expression. Private employment grievances are not constitutionally protected.





Waters v. Churchill (1994): Employers can fire employees for remarks believed to have been made, regardless of what was actually said, as long as a good faith investigation occurred.





Beilan v. Board of Public Education of Philadelphia (1958): Educators must respond to questions regarding their associational activities that relate to their teaching effectiveness.





Elk Grove Unified School District v. Newdow (2004): School district policies that require teachers to lead willing students in the Pledge of Allegiance, which include the words “under God, do not violate the establishment clause of the First Amendment.





Board of Education v. McClusky (1982): Court noted the power of school officials and the states to control the conduct of students. Decision bolstered Wood v. Strickland (1975).





Goss v. Lopez (1975): Students facing suspension have a legal right to due process. The Court noted that dangerous students may be removed from the premises immediately, as long as hearings are arranged ASAP. Even suspensions for one class period require informal procedures to be in place.





Ingraham v. Wright (1977): Corporal punishment did not violate the Eighth or Fourteenth Amendments. Note, however, that some states have passed laws prohibiting corporal punishment as a disciplinary measure.





Howlett v. Rose (1990): School officials can be sued if they arbitrarily violate students’ rights in disciplinary hearings.





Wood v. Strickland (1975): Ignorance of the law, noted the Court, will not protect school officials from liability.





Carey v. Piphus (1978): Impairment of students’ procedural due process rights will only result in nominal damage awards (not to exceed one dollar). Substantial damages can only be recovered if the suspensions were not justifiable.





New Jersey v. T.L.O. (1985): The Fourth Amendment’s protection against unreasonable searches applies to school officials, but the authorities’ interest in discipline requires the practice of reasonable searches if a sufficient probability of wrongdoing exists.





United States v. Place (1983): The use of drug sniffing dogs in schools does not constitute a search, thereby not violating an individual’s reasonable expectation of privacy.





Veronia School District 47J v. Acton (1995): Decision upheld the legality of random drug testing of student athletes.





Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002): The Student Activities Drug Testing Policy (Policy) adopted by the Tecumseh, Oklahoma, School District that requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity did not violate the Fourth Amendment. The Court ruled that the policy was a reasonable means of furthering the School District's important interest in preventing and deterring drug use among its schoolchildren.