17 results for 'cat:"Education" AND cat:"Jurisdiction"'.
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. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, jurisdiction
J. Devine finds the court of appeals improperly ruled against the Texas education commissioner, finding he lacked the jurisdiction to resolve a land dispute between two school districts. The commissioner has jurisdiction over the case and does not lose it due to inaction or by missing statutory deadlines. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: February 16, 2024, Case #: 22-0169 , Categories: education, Property, jurisdiction
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Per curiam, the circuit finds the district court improperly found for the university on the student's Rehabilitation Act claims, in which she says she says the school failed to accommodate her depression and post-traumatic stress disorder with extended time for assignments and exams. Though the court properly granted summary judgment on other claims on grounds of sovereign immunity, the student's initial state court suit was refiled as this federal suit before the state appellate court’s plenary power expired and within the 60-day grace period. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-10013, Categories: Civil Rights, education, jurisdiction
J. Mayle finds the trial court erroneously determined it lacked jurisdiction over the school board's petition for a writ of prohibition. Recent case law and the current interpretation of the Ohio Constitution grants common pleas courts jurisdiction to hear such cases, which are no longer limited to appeals courts and the Ohio Supreme Court. However, because the Ohio Department of Education has the authority to settle residency disputes between school districts and the school district in this case had an adequate remedy by way of a declaratory judgment action, the petition for a writ of prohibition was properly dismissed by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 26, 2024, Case #: 2024-Ohio-285, Categories: education, jurisdiction
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, jurisdiction
J. Carroll finds the trial court properly dismissed the school district’s sexual harassment filed by a student complaint for lack of subject-matter jurisdiction in favor of the human rights commission. The district asserts they are entitled to but could not identify either mandamus or prohibition to create a subject-matter jurisdiction. Affirmed.e
Court: Vermont Supreme Court, Judge: Carroll, Filed On: December 8, 2023, Case #: 23-AP-058, Categories: Civil Rights, education, jurisdiction
J. Pappert dismisses a father’s complaint that the Philadelphia School District violated his constitutional rights by failing to share with him a suspected child abuse report prepared by a school counselor about his son. The father, acting pro se, failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 17, 2023, Case #: 2:23cv1344, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, education, jurisdiction
J. Coogler denies a private school’s motion to remand for lack of subject matter jurisdiction. The court realigns from this point forward to change an individual defendant into a plaintiff in this suit, which involves the individual making class claims that the school misused her personal information. The realignment establishes complete diversity of citizenship, leaving the court with subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: October 17, 2023, Case #: 7:23cv817, NOS: Insurance - Contract, Categories: education, Insurance, jurisdiction
J. Partida-Kipness finds that the lower court properly granted the university's plea to the jurisdiction in this suit brought by a former student in the family nurse practitioner program. There was no error in granting the university's motion as to the student's tort claims, which were barred by sovereign immunity. The student also fails to show that "a contract was created." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 20, 2023, Case #: 05-22-00207-CV, Categories: education, jurisdiction, Contract
J. Shea grants the governor and other officials' motion to dismiss, ruling the disabled students lack standing to bring declaratory judgment claims for the state's closure of public schools during the Covid-19 pandemic because they seek only to redress past harms and allege no imminent or future injury. Meanwhile, all of the claims brought under the Individuals with Disabilities Education Act must be dismissed either for a failure to exhaust administrative remedies or a failure to plead a plausible claim, given the disabled students were treated the same as non-disabled students and the system-wide change to homeschooling did not constitute a change in educational placement under the Act.
Court: USDC Connecticut, Judge: Shea, Filed On: September 7, 2023, Case #: 3:21cv1431, NOS: Education - Civil Rights, Categories: education, jurisdiction, Covid-19
J. Kobayashi partially grants summary judgment to the Hawaii State Department of Health employees in this lawsuit alleging violations of the Individuals with Disabilities Education Act and the Rehabilitation Act, as well as medical malpractice, stemming from an alleged change in the son's educational placement. As to the parents' claim under IDEA, they failed to exhaust their administrative remedies, and in any event, the Department of Education is responsible for a "free appropriate public education." The court also declines to exercise jurisdiction over their medical malpractice claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 21, 2023, Case #: 1:21cv455, NOS: Education - Civil Rights, Categories: Civil Rights, education, jurisdiction
Per curiam, the appeals court dismisses this petition for mandamus brought by voters seeking information about the accuracy of voting machines used in an election approving the Magnolia school district’s issuing of $228 million in school bonds. This court lacks jurisdiction to compel election officials in their duties in this case as the relator filed petition after the results were finalized.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 09-23-00128-CV, Categories: education, Elections, jurisdiction
J. Kahn finds the court only has subject matter jurisdiction over a conservative student group’s claims that are asserted on behalf of its members and not behalf of itself because it is not a legally recognized entity and subsequently dismisses those claims. The student group claims SUNY Binghamton University and an opposing liberal student group stifled their free speech rights in connection with campus talk it held in 2019 with a prominent conservative economic advisor favoring Trump-era policies, which was disrupted by liberal-leaning students and ultimately resulted in the suspension of their organization’s status.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: May 19, 2023, Case #: 3:20cv822, NOS: Other Civil Rights - Civil Rights, Categories: education, jurisdiction, First Amendment
J. Jones finds that the trial court improperly ruled against the Texas Education Agency, denying its jurisdictional plea in a suit filed against it by a special education provider. The provider was denied state funds for its operations. On appeal, the agency asserts it is shielded from suit by sovereign immunity. The education services provider did not properly establish an issue that would have waived the agency’s immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 10, 2023, Case #: 03-22-00172-CV, Categories: education, Government, jurisdiction