22 results for 'cat:"Education" AND cat:"Government"'.
J. Mathis finds the district court properly dismissed a policy organization’s challenge to the constitutionality of the federal student loan forgiveness program. The organization lacked standing because it could not show it suffered an injury. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: May 17, 2024, Case #: 23-1736, Categories: Constitution, education, government
J. Wooton reverses the lower court's Dec. 1 order granting the public library's and parks and recreation district's writ of mandamus compelling the Board to disburse funds withheld from fiscal years 2024 and 2025 from a 2018 excess levy. Since all other county boards of education can seek approval of excess levies without restrictions, the court finds the obligations to fund the library and district in the 1967 and 2011 legislative special acts violates the equal protection clause of the West Virginia Constitution. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton , Filed On: March 15, 2024, Case #: 23-691, Categories: education, government, Tax
Per curiam, the Florida Supreme Court amends its own motion on the rule regulating the Florida Bar 11-1.8. explaining this court adopted the following rules for the maximum term or termination of certification for continuation of the practice program after graduating law school. Now the court finds it beneficial to extend the term of certification from 12 months to 18 months from the date of graduation. While under the supervision of a Florida bar member, the legal interns’ termination of certification is extended from second administration to third administration of the Florida bar examination.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: February 15, 2024, Case #: SC2024-0053, Categories: education, government, Judiciary
Per curiam, the appeals court finds that the circuit court properly dismissed claims by parents saying their children’s constitutional rights were violated at their high school due to inadequate facilities. The parents’ argument that the government should allocate more funding to the high school is a political question, not a legal one that the court has jurisdiction over due to separation of powers. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CAAP-17-79, Categories: education, government
J. Volk denies the West Virginia State trooper's motion for summary judgment in the assistant basketball coach's civil rights suit claiming the trooper used excessive force in wrongfully arresting him during the match between the Woodrow Wilson and Greenbrier East girls' teams, when the coach during a timeout attempted to alert the administration of the home crowd's unruly behavior, including the use of racial epithets. The trooper is not entitled to qualified immunity as "no reasonable officer would have believed it necessary under the circumstances to so forcefully push a nonviolent, nonthreatening, compliant, 6’2” tall, 210-pound male in a manner capable of producing broken bones."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: December 1, 2023, Case #: 5:22cv59, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, government
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J. Pitman finds that Texas education officials violated the Servicemembers Relief Act by not adequately providing accommodations for a military spouse and enjoins officials from enforcing a violating section of the Texas Administrative Code. While Texas officials argued that the spouse’s teaching licenses were inactive because she had not recently “actively used” them, requirements on licensure in the Servicemembers Relief Act should be “liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: education, government, Licensing
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. Stranch finds the lower court properly granted the state's motion for summary judgment on equal protection claims brought by the religious school supporters. Although they have standing to challenge the Michigan law that prohibits government funding for private schools, the law is neutral on its face and does not discriminate on the basis of religion. The law prevents the supporters from lobbying their representatives for tuition aid or other benefits, which constitutes a concrete harm, but because its language includes all private schools - not just those affiliated with a religion - it is facially neutral. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: November 6, 2023, Case #: 22-1986, Categories: education, government, Equal Protection
J. Yohalem finds the lower court properly granted the New Mexico Educational Retirement Board's motion for declaratory judgment in its challenge to the Department of Finance and Administration's rejection of salary increases for board employees that had already been approved by the board. The authority to approve pay raises for board members lies solely with the board and, therefore, the department cannot reject pay raises it deems too high. Although the department is tasked with disbursement of the salaries, that ministerial role is its only function under the legislation that established and funds the board. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: October 30, 2023, Case #: A-1-CA-40106, Categories: education, Employment, government
J. Marquez finds the political subdivision doctrine used to determine whether a subsidiary of a government agency has standing to sue the agency will be abandoned in future cases, given that it created needless confusion and had significant overlap with the standard test used by courts to qualify a party's standing to file suit. Meanwhile, the lower court in this case properly dismissed the school district's lawsuit even in the absence of the subdivision doctrine because none of the State Board of Education's actions during its investigation of the district's leadership hindered its ability to serve its students or qualified as a concrete injury. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: October 16, 2023, Case #: 2023CO52, Categories: Civil Procedure, education, government
J. Wooton dismisses the Board’s appeal of two lower court orders — the latter denying its motion for summary judgment — in the suit brought by the parents of George Washington High School student claiming school administrators breached their duty to protect her from a fellow student how repeatedly groped her. Since the judge did not rule on any of the immunity issues, the court finds the Board cannot identify any “error” the court may grant relief.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: September 29, 2023, Case #: 22-0028, Categories: education, government, Negligence
J. Fader disagrees with the lower court’s determination that a county schoolteacher should be barred from serving on the county’s council because of his being a government employee. Even though he is employed by the board of education and his being elected to council is a potential conflict of interest, a county charter rule is ambiguous enough that in this case, statutory interpretation supports his candidacy.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 30, 2023, Case #: C-12-CV-22-000857, Categories: education, Employment, government
[Consolidated.] J. Pan reverses, in part, the district court's finding that a rule issued by the Department of Education that prohibits federal student loan guarantors from charging debt collection costs to borrowers who seek to cure their default within 60 days as exceeding the the department's authority. The rule is consistent with the Higher Education Act, and is neither arbitrary nor capricious. Reversed in part.
Court: DC Circuit, Judge: Pan, Filed On: August 29, 2023, Case #: 22-5104 , Categories: education, government, Banking / Lending
J. Schiltz partially grants the students' motion for summary judgment in their suit alleging that the state Department of Education improperly terminated their special-education services prior to their twenty-second birthdays. Prior to an amendment which came into effect this July, a Minnesota statute governing special education services which required the state to provide them only until the July 1 after a disabled child became 21 years old violated students' rights under the Individuals with Disabilities Education Act, which requires states to provide a free appropriate public education to disabled students "through age 21." Minnesota's adult basic education programs fall under the umbrella of "public education," and thus must be offered to students with disabilities until they reach age 22.
Court: USDC Minnesota, Judge: Schiltz, Filed On: August 25, 2023, Case #: 0:21cv1837, NOS: Education - Civil Rights, Categories: education, government, Preemption
J. Robinson finds the lower court properly granted the state's motion for summary judgment and declared the special act unconstitutional because the legislation extended the filing period for claims against the state for unsanitary conditions in schools to a single claimant and, therefore, it did not serve a public purpose. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: August 21, 2023, Case #: SC20723, Categories: Constitution, education, government
J. Quattlebaum finds the lower court improperly dismissed the parents' claim for failure to state a claim rather than for lack of standing. The parents, angry about a Board policy authorizing schools to create gender care plans for students without notifying parents, do not have children that are transgender, are transitioning, are considering transitioning or are struggling with gender identity issues. Vacated.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: August 14, 2023, Case #: 22-2034, Categories: Civil Rights, education, government
J. Chin finds that the district court properly dismissed constitutional challenges to changes in Connecticut law that eliminated a religious exemption to school vaccination requirements. The state and school board defendants were immune from suit as government entities, and the two organizational plaintiffs lacked standing to sue. However, a Muslim parent's claim that the change violated her disabled son's right to a free, appropriate public education should be looked at more closely on remand. Affirmed in part.
Court: 2nd Circuit, Judge: Chin, Filed On: August 4, 2023, Case #: 22-249-cv, Categories: education, government, Health Care
J. Jordan denies the attorney’s motion to file an amended complaint challenging the Supreme Court’s process for allowing licensed attorneys to use continuing legal education credits from other jurisdictions. The attorney has failed to correct the deficiencies in her claim and further attempts to correct would be futile.
Court: USDC Virgin Islands, Judge: Jordan, Filed On: July 28, 2023, Case #: 1:22cv44, NOS: Civil Rights - Habeas Corpus, Categories: education, government
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. Roberts finds that the court of appeals improperly ruled in this challenge to the Biden administration's student loan debt forgiveness program, as the state of Missouri proved standing to bring the claim and the secretary of education exceeded its authority in implementing the program. The HEROES Act only allows the secretary to "waive or modify statutory regulations," not to rewrite the statute. Reversed.
Court: US Supreme Court, Judge: Roberts, Filed On: June 30, 2023, Case #: 22-506, Categories: education, government
J. Armstead reverses the lower court’s order granting the two public school teachers’ preliminary injunction keeping the governor from authorizing the West Virginia Professional Charter School Board from creating any public charter schools without a majority vote of the citizens in the county or counties where the school would be located. The court finds the teachers lack standing to seek the injunction since the governor does not have the ability to authorize charter schools. Reversed and remanded.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: June 8, 2023, Case #: 22-0070, Categories: education, government, Injunction
J. Hanisee finds a lower court erred in determining the New Mexico Human Rights Act does not apply to public schools after a teacher and Albuquerque’s school board were sued by a Native American student who said she was left feeling unwelcome in school following remarks by the teacher about Native Americans. The teacher and school officials argued the student did not bring a valid claim on the grounds that New Mexico public schools are not a “public accommodation” under the Act, but the “plain language” of the Act does refer to schools and a reading of precedent and past laws, including the 1955 Public Accommodations Act, shows that lawmakers intended to include schools. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: May 23, 2023, Case #: A-1-CA-39732, Categories: Civil Rights, education, government