Pro Life T-Shirt Wins in Federal Lawsuit
In US District Court, a judge ruled against McSwain Union Elementary School in Merced, CA. The lawsuit against the school was filed on behalf of Tiffany Amador, by her mother Anna Amador. In 2008 an incident involving the then sixth grader resulted in the school requiring the student to take off a pro life t-shirt. The judge ruled that the school and three officials from the school violated the student's rights, including violations to the First, Fourth and the Fourteenth Amendment.
The case was scheduled to go to trial later this month, but the school settled the claim for $50,000, without admitting any wrong doing in the case.
The T-shirt in the case portrayed several pictures of an unborn fetus in the womb, with the word "Abortion" written in capital letters across the top of the shirt. The first two pictures on the shirt portrayed an unborn child through sonographic images. The final square was black, with the word "gone" under it. The school stated that the t-shirt violated the school's dress code.
According to the lawsuit, the student was required by a staff member to throw away her lunch and immediately report to the main office of the school. Then, according to the lawsuit, another school official grabbed the student by the arm and forcibly took her to another official's office. She was then ordered to remove her t-shirt and to never wear it again.
The Amadors’ attorney stated that the school had done the right thing by avoiding a trial and by allowing the judgment to be entered. According to the attorney, "Student speech at all grade levels is protected by the First Amendment. With few exemptions, such as profanity and lewdness, the Constitution prohibits school officials from picking and choosing what messages they find acceptable."
The school has since revised its dress code. The new code takes effect in the coming school year and it prohibits students from where any clothing with text or graphics, except for small school logos.
The Liberty Counsel, a nonprofit litigation and policy organization filed the suit. The group states that the district school board of Collier County allowed a group called the World Changers to distribute the Bibles each year, during off school hours on that day. The group says that the school board changed its policy and no longer believes that the Bibles offer any educational benefit to students and therefore should be banned.
According to the director of communications for the school, Ken Jones, the employee involved in the charges was terminated and the child was never arrested. However, attorneys say that the methods of punishing students at the school crossed the line.
The judge in the case, Judge Stefan Underhill, further needs to determine if the school manipulated the size of its rosters on other teams to ensure that it meet the requirements of Title IX, a federal law established in 1972 that requires all schools to offer equal options for men and women in athletics. The judge has ruled that the lawsuit should be a class action suit for all current and future female athletes at the school. The trial will go to US District Court in Bridgeport for a decision.
In 2008, a similar case was brought before the court against Huntington Schools, where the judge ruled against the schools allowing religious activities on the grounds. In that case, the American Civil Liberties Union was issued a preliminary injunction.
The three students, Matthew Jacobsen, Lisa Ferguson and Lee Lank were accused, along with two other students, of stealing $100 from a student's purse in the girl's locker room. The lawsuit states that the then assistant principal and athletic director, Paul Croghan ordered the guidance counselor Heather Turpin to strip search a total of five female students. Croghan waited in the adjacent room while the counselor made the girls remove their clothing, one at a time, to various degrees. No money was discovered on them at that time.
More information on that decision may be found
The student, 18 year old Aaron Merkey, was suspended in March through the end of the school year. According to the school district, he sent a pornographic image to a female student through his cell phone. The lawsuit the student has filed claims that the school district’s punishment was too harsh and that his rights of due process were violated because of the disciplinary actions taken. Eight school board members, the superintendent and the principal are named as defendants in the case.
The school district says that if the court blocks the prayer, it could be seen as a violation of free speech. The request from the school district is brought on by the lawsuit filed by class valedictorian Eric Workman. He, along with the American Civil Liberties Union of Indiana filed the lawsuit on Monday. He claims that the prayer is unconstitutional because it is a practice of majority rule.
The administrators of the program, the class action lawsuit contends, have threatened to arrest students or have them placed in custody if they fail to attend school. The lawsuit says that the administrators of the court engaged in a “pattern and practice of intimidation designed to bully plaintiffs.” The bullying is said to lead to a waiving of the constitutional rights of those involved.
Judge Glen Davidson from US District Court did not reinstate the prom because a private prom that some parents are planning will provide the student with the same experience. The late date of the April 2nd prom made it difficult for the judge to require its reinstatement saying it would be too much of an inconvenience for all involved.
Under the terms of the settlement filed in federal court, the district agrees to implement changes including additional staff training, to protect students from harassment. The district is also required to report its progress to the American Civil Liberties Union and federal justice officials.
The most recent update in the case is that numerous parents in the school districts named in the lawsuit have filed documents in federal court opposing the lawsuit and asking to
The pro affirmative action group By Any Means Necessary (BAMN) brought the lawsuit against the school against Proposition 209. That ballot measure was approved in 1996. The allow prohibits anyone from giving preferences to individuals based on race or gender in any type of employment, education or contracting position.
"Evans' speech falls under the wide umbrella of protected speech," Garber wrote. "It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior."
Also named in the lawsuit is the principal of the school, Gina Linder, whom the parents believe did not do enough to protect Tyler Long, who died after what his parents call a "particularly painful week of bullying at the high school." Long had
The Board of Education of the San Francisco Unified School District met to discuss possible options. Staff presented a number of options including those that would use academic performances and the student's home location to determine where the student went to school. Board recommendations are still being submitted and a final vote is scheduled for March 3 on all the options available.
The student was often the subject of verbal and physical harassment, the lawsuit states, because he was openly gay. In 2009, the student began to dye his hair and wear eye makeup, which intensified the bullying to the point of being pushed down the stairs. The parents of the student claim that the school did nothing to stop the bullying.
According to teachers, the California Education Code requires the approval of a majority of permanent teachers before schools can be turned into charter schools. In a news conference held at Garfield High School, the teachers claimed that schools like Garfield and Esteban Torres High School fall into this category.
The U.S. Supreme Court, which chooses not to hear most submitted cases, has decided to hear this one as it will likely affect public universities around the country. The battle is not a new one. Conservative Christian groups believe these limitations violate their constitutional rights. They are being forced, they say, to tolerate views that violate their religious beliefs.
Sanders commented that he was simply another high profile person to be sued by Deters, a reference to the Deters suits against the New England Patriots and Chad Ochocinco. In addition, he commented on Deters radio career saying Deters was "a publicity seeking radio personality with a law license."
Cross-dressing teens are testing the boundaries around the country. For example, in Houston, a senior was sent home because his hair violated the length rules, which stated that the hair could be no longer than the bottom of a regular shirt collar. In Cobb County, Georgia, a school sent a boy home because he wore makeup, wigs and skinny jeans. Another case occurred in August in Mississippi, in which a senior’s photo was banned from the yearbook because she was wearing a tuxedo.
According to the lawsuit documentation, the pictures were taken during a slumber party that occurred during the summer months. The students took photos of themselves kissing and licking a novelty lollipop and pictures of themselves wearing lingerie with dollar bills stuck within the clothing. There was no identification with the photos suggesting that the students attended the high school. The lawsuit states that the students were being humorous and that the actions were "irrelevant" to school functions.
The teacher's aides, Kristina Marie Kallies and Julie Parish have resigned and charged with assault on a minor and endangering the welfare of children. Kallies has not been located by police and Parish has appeared in court and was released on bond. The teachers resigned after the allegations were made, although both teacher's aides claim they are false allegations.
The parents filing the lawsuits want to keep their children in school and around their classmates during these furlough days and hope to have their case heard by Judge David Ezra in the U.S. District Court. They are hoping to get a temporary injunction in place. This lawsuit states that the state has "violated the procedural safeguards" in place through the federal law that protect and prohibit unilateral modifications for any type of special education and related services.
The mother, Anita Young, has filed a lawsuit against the teacher, claiming that the special education teacher, Trinda Barocas, told an aide that the boy was likely to misbehave on the field trip and said that, "maybe he could be sick enough not to attend and we won't have to deal with it" the lawsuit states. The mother claims that the teacher knew how severe the child's allergy was. She says the child was frustrated and angry, and would fight with her about going to school, during the time of alleged abuse. The child is now in a different school and the mother claims the child is doing much better and is happy to be at school.
In 2005, the school put in place a policy that banned images of the Confederate Flag at the school, William Blount High School, located in Maryville. The ban was put in place after heightened racial tension occurred at the school, after an altercation between an African American and a white student occurred. The school had racist graffiti appearing on walls and even one incident in which a noose was drawn next to the Confederate flag.
The student, Richard, had his phone confiscated while he was at school. The punishment for using the phone while in school carries the penalty of having your parents come to get the phone and having to pay a fine for its return. The problem was that the school district office personnel went too far and started to go through the phone. While going through the phone and checking all of the intimate details that were on the phone the staff stumbled upon something that they felt posed a threat.
In the agreement with the Mount Vernon school board, the family will be awarded $5,500 and the attorneys for the family would be awarded the rest, some $115,500. The settlement award, which was approved by the school board on Wednesday, August 26th, 2009, prevents the lawsuit from going to trial, which it was scheduled to do in May.
The lawsuit alleges that the student has been relentlessly abused through verbal and physical abuse, which reached even higher levels when another student brought a knife to school and made a death threat to the student during the final quarter of the school year.
The teacher, Lori Davis, was fired from her job by the school district because of the incident at Conroy School, located in Manchester. The video, posted on YouTube.com, is mentioned in the lawsuit. The lawsuit states that the teacher hit the child on the side of the head and then said, “Stop moving your chair back. Move it! And you stay back there! I’ve had it with you!”
In addition to the appointment, the judge, U.S. Magistrate Judge Aaron Goodstein, also provided documents on when the search for these individuals would be conducted. The schools must track down any student who missed being identified as eligible to receive special education services between that timeframe. Both current and former students would be sought.
Five year old Carter Kalbfleisch was only 18 months old when diagnosed with Autism. Carter experiences acute outbursts, often eats inappropriate things like grass and rocks, and runs away from his parents and teachers.
The lawsuit is rare and was filed under a very specialized portion of the Individuals with Disabilities Education Act (I.D.E.A.). This federal law allows for school districts to try and recoup costs lost when legal actions had an "improper purpose." The school district is able to try and collect the costs of attorney fees from lawyers and from parents who push these improper claims. In this particular case, the school district has spent more than $100,000 on legal fees on the claims made by the woman.
This is just one example of what is happening around the country where jobs are scarce in many fields. Some college career centers no longer call themselves "job placement" centers or services, but rather offer more training on obtaining a job. Career counseling and linking students with potential employers is as far as they will go.
Miss Jackson states that the coach got into her Facebook account and read personal messages from her to other students, some of which contained profanity. Because of reading the messages, the coach, Tommie Hill suspended Jackson from cheering. The student was not allowed to cheer at football games or pep rallies.
Coachella Valley Unified and other school districts alleging that students should be provided with achievement tests in other languages filed a lawsuit. The district is currently under state sanctions and an academic trustee for poor performance on these tests. The attorneys representing the school district state that the school is being treated unjustly since teachers are performing well.
The teacher in question, Ken McFate, has been found to have an extensive history of harassing women and stalking. The claim filed against the school district claims that the school district knew of the problems with McFate but did nothing about it.
The woman has filed a lawsuit against the Marple Newton School District and its officials. The case stems back to 2005 when her child was in Kindergarten. At the time, the children in the class were enjoying an activity called "All About Me Week." Part of the assignment was to have a parent read from the child's favorite book to the class. Busch's son, Wesley, selected the Bible as his favorite book. When Busch went to read from it to the class, she was asked to not do so by the principal, citing the need for separation of church and state.
Ms. Hamilton was represented in negotiations by ACLU attorney Elizabeth Gill. The complaints allege that teachers verbally harassed then 16 year old Ms Hamilton over her sexual orientation. The teachers then forced Ms. Hamilton to attend a counseling session for gay students. Attorney Gill said the counselor tried to discourage Ms. Hamilton and other students in the session from being gay.
Mostafa Tabatabainejad filed a lawsuit claiming his civil rights had been violated.
What is incredibly difficult to understand is that the jury and the public were never told that this was actually the third set of accusations that were brought against this man. In two other incidents, he was accused of such crimes and yet, due to a lack of evidence, no charges were pressed and even worse, the man was placed back into the classrooms.
The suit was filed against the Santa Rosa County School Board and named former Superintendent of Schools John Rogers and H. Frank Law, Pace High School principal, as defendants. The students claim that the school allowed religious prayer and promoted religion through the activities the school offered, such as offering prayer at school events. They believed this was a violation to their rights under the Establishment Clause of the First Amendment under the state's constitution.
Americans United for Separation of Church and State is helping the parents and students through suing the school district. The group that is suing the district includes one graduating student, several alumni and parents. The school defends their actions to use the church, claiming that the facility is larger and that it is a much more comfortable atmosphere than the other buildings available for such a graduation ceremony in Waukesha County, about ten miles west of Milwaukee.
The school took decisive action, which the Supreme Court ruled was the right step to take. The school district was justified because an "appropriate and decisive response" was required in this case. The laws that define the boundary between teacher's rights and student's protections is a fine line that often needs to be tested, by cases such as this.
The mothers, Debbie Veldhuizen and Jamie Doak, have filed a complaint with the Office for Civil Rights and have sent notice to the
The Equal Educational Opportunities Act of 1974 states that states need to provide appropriate action to provide for equal education to all students, regardless of their origins and nationalities. Yet, in Arizona, the claim is that there was a lack of funding for English language learners instructional methods. The law states, specifically, that every state must, "take appropriate action to overcome language barriers that impeded equal participation by its students in instructional programs."
Then, in 1998, Draper was tested and the test revealed that he was failing because of a specific learning disability. At that time, it was evident he had clear signs of dyslexia but these were not addressed by the school system. He was placed in a restrictive classroom from 1998 through 2003. When he entered high school, he had not improved and in fact was struggling at early elementary levels. How does a boy at the age of 13 have only a third grade education?
Facebook users can create "hate groups" in which some students are using to mock, harass or otherwise harm users. This has lead to situations in which students are bullying other students not on school grounds, but through the Interent. The problem here is that there is no one group that is considered ultimately responsible for fixing this form of bullying.
When one parent complained about the song, St. John’s County School District Superintendent Dr. Joseph Joyner pulled the song from the program. Hours before the filing of the lawsuit, the entire program was cancelled. Parents filing the suit claim that they are still entitled to damages due to the fact that their children were forced to learn the religious song. They claim that the school should not have provided the children with the song, because they feel the district should bar any religious instruction during school time, which they claim the song represents.
The school, located in Mentor, Ohio, allegedly knew of the bullying and did little to nothing to stop it, his parents claim. William and Janis Mohat filed the lawsuit against Jacqueline A. Hoynes, Joseph Spiccia (school officials) and Thomas Horvath (a math teacher) who they believe knew that their son was being bullied.
Corona del Mar High School administrators are at the center of the lawsuit. The lawsuit specifically states that the atmosphere created at the school was hostile to "female, lesbian, bisexual, gay and transgender students in general, and has led to despicable threats of violence against one student in particular."
States have implemented affirmative policies that help to foster diversity within the school systems. Courts are often faced with making decisions on whether these policies have gone too far and in themselves are now discriminatory based on race.
Students are placed in a lottery there, where a computer will select the proper placement for them. The problem is, this is a general education lottery system, and while the children do have an IEP in place, the parents have no ability to participate in the process of selecting their educational goals and teachers. This is against federal law, some say.
Citizens are angry for several reasons, not to mention the man's notable behavior during school board meetings. Still, what angers them more so is the local media's handling of the case. They claim that the media fought for Rocco to the point of allowing the rights of Rocco's to be more important than the rights of all the children in the Orange Unified School District, where the incident took place. Their claim stems from the funds used to pay for such lawsuits.
A California appeals court in San Francisco ruled last May, upholding a California law that protects freedom of the press in public schools even more strongly than the constitutional rights guaranteed under the First Amendment.
According to a recent article in the Press Enterprise, “… the 