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March 27, 2012 By Jennifer Childress - Editor of The Legal Digest
In a much-anticipated decision, the Fifth Circuit Court of Appeals sitting en banc ruled that a school district did not have a constitutional duty to protect a student from off-campus sexual assault. In Doe v. Covington County School District, nine-year-old Jane Doe’s elementary school allegedly had a formal, compulsory check-out policy. As part of the [...]
March 23, 2012 By Jennifer Childress - Editor of The Legal Digest
A federal district court in Houston recently examined whether claims stemming from on-campus bullying were sufficient to withstand a motion to dismiss by the school district. In Estate of Brown v. Ogletree, 2012 WL 591190 (S.D. Tex. 2012) (unpublished), the court held that the parents stated valid Title IX and due process claims, but dismissed [...]
May 7, 2012 By Devin Walsh Leave a Comment
In September of 2011, this column focused on the case of a nine-year-old girl who’d allegedly been sexually abused when an adult who should have been forbidden by school policy from retrieving her from class was permitted to do so on six different occasions. At that time, a three-judge panel of the Fifth Circuit Court [...]
April 16, 2012 By Evelyn N. Howard-Hand, Attorney, the Walsh Anderson Firm
As spring approaches, I have had this song running through my head. Actually, the song is “Where Have All the Flowers Gone” by Pete Seger, but you’ll soon see why I got the name wrong. Perhaps some of you are old enough to remember the song. It’s about flowers and children and the cycle of [...]
May 16, 2012 By Legal Digest Online Leave a Comment
The U.S. Department of Education on Tuesday issued a document that discourages schools from using restraints and seclusion on students. The “resource document” outlines 15 principles for states, school districts, and educators to consider with regard to policies on restraints or seclusion. “These principles stress that every effort should be made to prevent the need for the [...]
May 16, 2012 By Legal Digest Online Leave a Comment
AMARILLO — A teen who says he was injured at his Texas Panhandle high school in a Holocaust role-playing exercise has filed a federal civil rights lawsuit against the school district. Andrew Yara alleges he was seriously hurt in a fall when he was jumped while carrying a classmate on his back two years ago. [...]
May 10, 2012 By Legal Digest Online Leave a Comment
(Lubbock, TX) Education Service Center (Region 17) is pleased to announce the launch of the new Texas Kindergarten Readiness System (KRS) that recognizes excellence in early childhood education programs across the state. Every ISD PreK program is eligible to participate in the new system at no charge to their school district. “We strongly encourage all [...]
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