30 results for 'cat:"Education" AND cat:"Covid-19"'.
J. Copenhaver grants the Board of Education's motion to dismiss the elementary school counselor’s suit claiming the Board violated her right to freedom of speech and the West Virginia Whistleblower Act. The counselor alleged the Board and school officials took retaliatory action against her by, among other things, formally reprimanding her and removing her as the coordinator of the standardized test after she expressed concerns to school officials as well as gave an interview to a Charleston television station about the resumption of a national standardized test to occur on school premises in April 2021 during the Covid-19 pandemic. The court finds since her pleading is grounded in her capacity as a public employee and not a private citizen, she has failed to state a claim on which relief can be granted, and the Board's interest in effectively and efficiently administering the standardized test outweigh the counselor's public airing of her concerns.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 26, 2024, Case #: 2:23cv314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, covid-19
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: education, covid-19, Contract
J. Kahn finds that the district court properly held that a school district did not violate a student's due process rights by denying a medical exemption from the Covid-19 masking mandate because the student's fundamental rights had not been violated, and the mandate was reasonably related to legitimate health and safety concerns. However, the court improperly held that administrative remedies had not beeen exhausted when such was not required to bring disability claims alleging failure to accommodate the student's asthma. Affirmed in part.
Court: 2nd Circuit, Judge: Kahn, Filed On: April 25, 2024, Case #: 23-582-cv, Categories: Ada / Rehabilitation Act, education, covid-19
J. Myers partially grants the Board of Governors of the University of North Carolina’s motion to dismiss claims of violations of First Amendment rights brought by the chief of staff to the university chancellor. The chief claimed a mandatory Covid-19 vaccine policy would violate already existing university policy. He claims he brought suit as a private citizen. But because he brought all of his concerns in his position as a public employee, and only brought those concerns to people within the university system, he does not have protection under the First Amendment.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 26, 2024, Case #: 5:23cv290, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: education, covid-19, First Amendment
J. Meyer denies, in part, the board of education's motion for summary judgment, ruling that while the teacher being summoned to disciplinary meetings and having a negative comment on her performance review are not typical examples of adverse employment actions, they are sufficient to create an issue of fact and allow the First Amendment retaliation claim to proceed for the board's actions in the wake of critical comments made by the teacher regarding the district's Covid-19 policies.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 19, 2024, Case #: 3:22cv425, NOS: Other Civil Rights - Civil Rights, Categories: education, covid-19, First Amendment
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J. Miller finds that the trial court improperly awarded $492,945 to the former university football coach who sued after he was terminated for violating NCAA recruiting rules when he visited with a prospect in person during a Covid-19 "dead period" and gave the student LSU gear. There was no requirement in the employment agreement that a final decision by the NCAA was a prerequisite for finding cause existed for the coach's termination. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: March 1, 2024, Case #: 2023CA0127, Categories: education, Employment, covid-19
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: education, covid-19, Contract
J. Erickson finds a lower court improperly granted summary judgment in favor of a group of parents who sought to enjoin enforcement of a State code that prohibits masks in schools. The parents of disabled students argued that their children face a risk of harm of contracting Covid-19. However, the Governor of Iowa presented sufficient evidence in court that their concerns are speculative and lack standing. Vacated.
Court: 8th Circuit, Judge: Erickson, Filed On: February 27, 2024, Case #: 22-3338, Categories: education, covid-19
J. Gorton. grants summary judgment in favor of a university being sued by some of its students for not reimbursing them for the remote learning experience it offered during the Covid-19 pandemic, which was allegedly of lower quality than its typical in-person educational experience. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ constitutional rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 11, 2024, Case #: 1:20cv11021, NOS: Other Contract - Contract, Categories: Constitution, education, covid-19
J. Hurd grants final approval to a class action settlement to resolve claims that Rensselaer Polytechnic Institute failed to reimburse its students for on-campus services after converting to online-only teaching in response to the Covid-19 pandemic. While the full settlement amount was not disclosed in the ruling, named representatives of the class action suit will each receive $10,000, and class counsel will receive $2.16 million in attorney fees and $119,360 in costs.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: January 9, 2024, Case #: 1:20cv470, NOS: Other Contract - Contract, Categories: education, covid-19, Class Action
J. Gorton grants partial summary judgment in favor of a university that was sued by some of its students for charging full tuition and fees for the remote learning experience it offered during the Covid-19 pandemic. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ due process rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 8, 2024, Case #: 1:20cv11662, NOS: Other Contract - Contract, Categories: education, Due Process, covid-19
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: education, covid-19, Contract
J. Vratil rules an employee may pursue Americans with Disabilities Act violations against a community college. The employee, who is disabled, sufficiently showed in court that the community college refused to allow her to teach classes remotely, despite her vulnerability to Covid-19.
Court: USDC Kansas, Judge: Vratil, Filed On: December 18, 2023, Case #: 2:23cv2219, NOS: Employment - Civil Rights, Categories: education, Employment, covid-19
J. Gustafson holds that the district court properly used the rational basis standard to analyze a constitutional substantive due process claim that parents made against school districts over Covid-19 mask mandates. The parents argued that a strict scrutiny standard applies, but that would only apply if masking policies implicated a fundamental right. Also, the testimony about masking's harmful effects proffered by parents' hybrid witnesses would not have addressed the reasonableness of masks at stopping Covid-19. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 12, 2023, Case #: DA 23-0046, Categories: education, Due Process, covid-19
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: education, covid-19, Contract
J. Aiken dismisses the employee's complaint that the school district violated his 14th Amendment rights by putting him on unpaid leave when he refused to comply with Oregon Health Authority's Covid-19 vaccine and mask requirements for all school employees. There is already precedent for courts that upheld Covid-19 vaccination requirements in public education. The employee's decision to not take the vaccine does not qualify as "forced experimentation" as his complaint suggests, and there are no stated facts that could make any amendment valid or sufficient.
Court: USDC Oregon, Judge: Aiken, Filed On: November 30, 2023, Case #: 6:23cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, covid-19
J. Molter finds an appeals court erred in reversing the decision of a trial court, which had correctly determined that a student could not bring a class action against Ball State University for claims relating to its handling of Covid. After the student filed suit, Indiana’s governor signed a law that specifically barred such class actions. The student’s rights are not infringed by that law, not least because he can still pursue personal and non-class claims against the university. Affirmed.
Court: Indiana Supreme Court, Judge: Molter, Filed On: November 21, 2023, Case #: 23S‐PL‐60, Categories: education, covid-19, Class Action
J. Komitee dismisses a self-represented technology director’s equal protection and due process complaint in which he alleges his employer, a private charter school, fired him after he refused to comply with its Covid-19 vaccine mandate. The court finds the private charter, as a state agent, was within its rights to institute a policy with the goal of effectively combating the spread of Covid-19.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 27, 2023, Case #: 1:22cv1587, NOS: Other Civil Rights - Civil Rights, Categories: education, Equal Protection, covid-19
J. Komitee dismisses a New York City school teacher’s due process and equitable relief complaint alleging the city’s education department placed her on unpaid leave and ultimately terminated her employment after she refused to get a Covid-19 vaccination. The court finds her due process rights were not violated because there were several available options she could have pursued both prior to and after she was fired to contest the department’s decisions. The court also finds that her substantive due process claim alleging the department violated her right to refuse unwanted and medically unnecessary medical care also fails, as the Supreme Court has not recognized such a right under the U.S. Constitution.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 22, 2023, Case #: 1:21cv6833, NOS: Other Civil Rights - Civil Rights, Categories: education, Due Process, covid-19
J. Currey finds that the trial court prematurely dismissed a challenge to the constitutionality of a school district's Covid-19 distance-learning policy at the pleading stage. Distance learning has ended but the challengers' claim that the policy was discriminatory is not moot as they have a viable remedy for alleged past and continuing harms. Also, it was error to strike class allegations due to the possibly individualized nature of the remedies. Allegations of intra-district and inter-district race and wealth discrimination were sufficient to survive the pleading stage. And allegations that distance-learning policies continue to cause learning loss and disengagement could be remedied by injunctive relief. Reversed in part.
Court: California Courts Of Appeal, Judge: Currey, Filed On: September 19, 2023, Case #: B315814, Categories: education, covid-19, Class Action
J. Sulek holds the lower court properly found for a university on employees' claims regarding its mandatory Covid-19 vaccination and masking policies. The claims were mooted when the university ceased enforcement of the policies, especially since the employees sought no damages and instead, only injunctive relief. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 11, 2023, Case #: 2023-Ohio-3189, Categories: Constitution, education, covid-19
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. King denies the students' motion for a preliminary injunction in their lawsuit alleging that Superintendent of Public Instruction Chris Reykdal wrongfully denied the students access to free appropriate public education under the Individuals with Disabilities Education Act because they turned 21. The students do not demonstrate that they will suffer irreparable harm without an injunction, because the students do not present evidence that they will experience the same effects from the end of their special education services as they did when schools suddenly closed due to the Covid-19 pandemic.
Court: USDC Western District of Washington, Judge: King, Filed On: August 31, 2023, Case #: 2:22cv1621, NOS: Education - Civil Rights, Categories: education, covid-19, Injunction
J. Wilson finds that the district court properly ruled in favor of the university in a breach of contract action brought by the student alleging that the university should refund a portion of her spring 2020 tuition payment because she did not receive the expected benefit of in-person learning due to the Covid-19 pandemic. The district court correctly found that even if a contract between the parties did exist, the university retained the right to alter its procedures and temporarily close its facilities in response to the pandemic. The student's unjust enrichment claim fails because she did not show that the value of the benefit she received in the form of a temporarily remote education was out of step with the value of the tuition payment she provided to the university. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 31, 2023, Case #: 23-10299, Categories: education, covid-19, Contract
J. Scudder finds that the lower court improperly dismissed a student class action over the cancellation of in-person classes during the Covid-19 pandemic. Evidence presented by the students, including course catalogs, the class registration system, and pre-pandemic practices, can all suffice under Illinois law to allege the existence of an implied contract between a university and its students for in-person instruction. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 12, 2023, Case #: 21-2988, Categories: education, covid-19, Class Action