16 results for 'cat:"Administrative Law" AND cat:"Education"'.
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, education, Native Americans
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: administrative Law, education, Jurisdiction
J. Webb finds the trial court properly found for the state on a concealed carry license holder's claim he is entitled to carry a firearm into the university's on-campus arena. Though the licensee correctly notes state law provides that prohibition of concealed carry on a premises covered by an alcohol permit “does not apply if the place is [a] public university," the code is limited to the location and readability of the notice of prohibition. The arena is covered by an alcohol permit and has provided the requisite, readable notice. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 4, 2024, Case #: CV-23-518, Categories: administrative Law, education, Firearms
J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: administrative Law, education, Municipal Law
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J. Pulliam finds a hearing officer ruled correctly in determining that individualized education programs issued for a troubled child were reasonable and appropriately addressed his educational needs. The hearing officer found the school district had done “all that it could” to design an education plan for the student, and the student’s family has not provided adequate evidence that the district failed to provide him a free appropriate public education. Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: January 26, 2024, Case #: 5:21cv636, NOS: Education - Civil Rights, Categories: administrative Law, Civil Rights, education
J. Gremillion finds that the lower court properly upheld the school board's firing of a non-tenured teacher who alleged she was terminated due to her breast cancer. The teacher lacked a property interest in her continued employment since she was non-tenured. Also, the superintendent's decision was not arbitrary or capricious because there was substantial evidence the teacher did not enter student grades in a timely manner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 24, 2024, Case #: CA-23-476, Categories: administrative Law, education, Employment
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: administrative Law, education, Employment
J. Hutchison reverses the lower court's final order reversing the West Virginia Public Employees Grievance Board's decision denying the two sign language interpreters' grievance, and finding they are full-time special education teachers qualified to receive a 2019 pay increase. The interpreters' grievance is mooted by the 2021 law approving teacher pay increases at the determination of the state schools superintendent, and the judge misinterpreted the Board's 2014 decision that the interpreters are classified as "professional personnel" and not "teachers." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 6, 2023, Case #: 21-0831, Categories: administrative Law, education, Government
J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, education, Evidence
J. Pitman issues a preliminary injunction preventing the Texas Education Agency from enforcing some state employment requirements after the agency was sued by the spouse of a military member for violations of the Servicemembers Civil Relief Act for allegedly failing to recognize the "portability" of her school-counselor licensure from another state. The spouse has not only shown that she was harmed by these alleged failures but also that a "balance of equities" supports this finding because while Texas "undoubtedly has a strong interest in regulating the qualification and licensure of its educators," forcing compliance with the SCRA on this matter would result in "limited encroachment" on Texas' "regulatory authority."
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 21, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, education, Government
J. Swope holds that the Superintendent of Public Instruction was within his authority to adopt regulations for the regional parent advisory councils that were created to fulfill the requirements of the Migration Education Program. But he failed to follow notice requirements when he prohibited council members from using alternates.
Court: California Courts Of Appeal, Judge: Swope, Filed On: July 14, 2023, Case #: A162648, Categories: administrative Law, education, Immigration