Updated July 11_ 2006

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					Updated: September 9, 2009

                                               U.S. SUPREME COURT DECISIONS ON THE MERITS
Case Name                                          Won   Loss   Other Issue                                              Comment
Staub v. Proctor Hospital (pending)                                   USERRA - vicarious liability of employer for
                                                                      discriminatory animus of subordinate without
                                                                      decision-making authority; available defenses to
                                                                      ―cat’s paw‖ claims
Christian Legal Society Chapter of University of   X                  First Amendment - free speech, Establishment       Decided Jun. 28, 2010: U.S. Supreme Court in a
California, Hastings College of Law v. Martinez                       Clause, free exercise of religion - state law      5-4 decision, limited to ruling on the question of
                                                                      school’s denial of recognition to religious        whether a public college could limit access to a
                                                                      student organization                               student organization forum when the [policy
                                                                                                                         requires that ―all comers‖ participate in the
                                                                                                                         organization’s activity, held: ―all comers‖ policy
                                                                                                                         as applies to Hastings College of Law is
                                                                                                                         constitutionally reasonable. However, on remand
                                                                                                                         Ninth Circuit may consider whether the school
                                                                                                                         selectively enforces the policy.
Ontario, Calif. v. Quon                            X                  Fourth Amendment - search of electronic text       Decided Jun. 17, 2010: U.S. Supreme Court in a
                                                                      messaging device issued to public employee by      unanimous decision held: because the search of
                                                                      employer                                           Quon’s text messages was reasonable, petitioners
                                                                                                                         did not violate respondents’ Fourth Amendment
                                                                                                                         rights, and the Ninth Circuit erred by concluding
                                                                                                                         otherwise.
Perdue v. Kenny A.                                              X     §1988 - attorneys’ fees – enhancement based on     Decided Apr. 4, 2010. U.S. Supreme Court in a 5-4
                                                                      quality of performance and results                 Decision held: The calculation of an attorney’s fee
                                                                                                                         based on the lodestar may be increased due to superior
                                                                                                                         performance, but only in extraordinary circumstances.
                                                                                                                         However, the district court did not provide proper
                                                                                                                         justification for the 75% fee enhancement it awarded
                                                                                                                         in this case.
Safford U.S.D. #1 v. Redding                                     X    Fourth Amendment - strip search of student –       Decided Jun. 25, 2009. U.S. Supreme, in an 8-1
                                                                      qualified immunity                                 decision, held: Strip search violated student’s Fourth
                                                                                                                         Amendment rights, however, school officials are
                                                                                                                         protected from liability by qualified immunity
                                                                                                                         because ―clearly established law [did] not show that
                                                                                                          the search violated the Fourth Amendment.‖
Speaker of Arizona House of Rep. v. Flores       X   School Finance - adequacy of state funding on        Decided Jun. 25, 2009. The Supreme Court, in a 5-4
                                                     English language learner programs – state’s          decision, held: The lower courts did not engage in the
                                                     compliance with Equal Educational Opportunity        proper analysis under Rule 60(b)(5). Because the
                                                     Act                                                  Court of Appeals and the District Court misperceived
                                                                                                          the obligation imposed by the EEOA and the breadth
                                                                                                          of the Rule 60(b)(5) inquiry, this case must be
                                                                                                          remanded for a proper examination of at least four
                                                                                                          factual and legal changes that may warrant relief.


Forest Grove Sch. Dist. v. T.A.                  X   IDEA – tuition reimbursement for parents who         Decided Jun. 22, 2009. The Supreme Court in a 6-3
                                                     unilaterally place child in private school           decision, held: IDEA authorizes reimbursement for
                                                                                                          private special-education services when a public
                                                                                                          school fails to provide a FAPE and the private school
                                                                                                          placement is appropriate, regardless of whether the
                                                                                                          child previously received special-education services
                                                                                                          through the public school.
Fitzgerald v. Barnstable School Committee        X   Title IX, §1983 liability - sex discrimination –     Decided Jan. 21, 2009. In a unanimous decision,
                                                     exclusivity of Title IX’s implied private right of   the U.S. Supreme Court held: Title IX does not
                                                     action                                               preclude a §1983 action alleging unconstitutional
                                                                                                          gender discrimination in schools. Absent contrary
                                                                                                          evidence, it follows that Congress intended Title
                                                                                                          IX to be interpreted similarly to allow for parallel
                                                                                                          and concurrent §1983 claims.
Gross v. FBL Financial Services Inc.         X       ADEA – burden of proof – mixed motive                Decided Jun. 18, 2009. the U.S. Supreme Court,
                                                     instruction to jury                                  in 5-4 decision, held that a plaintiff bringing an
                                                                                                          ADEA claim based on disparate treatment must
                                                                                                          prove, by a preponderance of the evidence, that
                                                                                                          age was the ―but-for‖ cause of the challenged
                                                                                                          adverse employment action. It vacated the Eighth
                                                                                                          Circuit’s decision and remanded the case to it.
Crawford v. Metropolitan Government of           X   Title VII – employment discrimination –              Decided Jan. 26, 2009. The U.S. Supreme Court,
Nashville and Davidson County, Tenn.                 retaliation – discharge – cooperation with           in a unanimous decision, reversed the Sixth
                                                     employer’s internal investigation of sexual          Circuit, holding that the anti-retaliation provision
                                                     harassment                                           in Title VII extends to an employee who speaks
                                                                                                          out about discrimination not on her own initiative,
                                                                                                          but in answering questions during an employer-
                                                                                                           initiated internal investigation. It concluded The
                                                                                                           Sixth Circuit’s ruling undermined the protections
                                                                                                           for employees established in Ellerth-Faragher
                                                                                                           because it created a ―Catch-22.‖
Meacham v. Knolls Atomic Power Laboratory           X   ADEA - employee alleging disparate impact -        Decided Jun. 19, 2008. The U.S. Supreme Court
                                                        burden of persuasion -"reasonable factors other    reversed the Second Circuit, holding held that an
                                                        than age" defense                                  employer defending a claim made under the
                                                                                                           ADEA that its employment decisions had an
                                                                                                           impermissible disparate impact on older
                                                                                                           employees bears both the burden of production
                                                                                                           and the burden of persuasion when it raises the
                                                                                                           defense that its decisions were based on
                                                                                                           permissible ―reasonable factors other than age.‖
Engquist v. Oregon Dep't of Agriculture         X       Equal Protection – ―class of one‖ - discharge -    Decided Jun. 9, 2008. The U.S. Supreme Court, in
                                                        rational basis                                     a 6-3 decision, affirmed the Ninth Circuit, holding
                                                                                                           that the ―class-of-one‖ theory of equal protection
                                                                                                           does not apply in the public employment context.
                                                                                                           It concluded that the danger in recognizing the
                                                                                                           class-of-one theory in the public employment
                                                                                                           context was not that it would be too easy for
                                                                                                           plaintiffs to prevail, but rather ―that governments
                                                                                                           will be forced to defend a multitude of such
                                                                                                           claims in the first place, and courts will be obliged
                                                                                                           to sort through them in a search for the proverbial
                                                                                                           needle in a haystack.‖
Kentucky Retirement Systems v. EEOC             X       ADEA - age as factor in retirement plans—          Decided Jun. 19, 2008. The U.S. Supreme Court
                                                        facial discrimination                              in a 5-4 decision, reversed the Sixth Circuit,
                                                                                                           holding that Kentucky’s public retirement system
                                                                                                           does not violate the federal Age Discrimination in
                                                                                                           Employment Act (ADEA) by withholding
                                                                                                           disability retirement benefits from employees who
                                                                                                           have qualified for retirement based on either (1)
                                                                                                           age in combination with a lesser number of years
                                                                                                           of service, or (2) a greater number of years of
                                                                                                           service alone.
Board of Education of City of New York v. Tom       X   IDEA - parents who place their children with       Decided Oct. 10, 2007. The U.S. Supreme Court
F. (2007)                                               disabilities in private schools, without the       affirmed the Second Circuit’s decision allowing
                                                        students ever having been enrolled in the public   the father of a learning-disabled child to seek
                                                       school system, are entitled to reimbursement at     private school tuition reimbursement from New
                                                       public expense                                      York City without first giving the city's public
                                                                                                           school program a chance to meet the boy's needs.
                                                                                                           Just nine days after hearing oral arguments in
                                                                                                           Board of Education v. Tom F., 06-637, the Court
                                                                                                           split 4-4, thereby affirming the appellate court’s
                                                                                                           finding in favor of the father.
Parents Involved in Community Schools v.           X   14th Amendment – equal protection – K-12            Decided June 28, 2007. The U.S. Supreme Court
Seattle School District No. 1/ Meredith v.             student assignment plan’s use of race as a factor   held that student assignment plans in Jefferson
Jefferson County Board of Education, (2007)                                                                County, Kentucky and Seattle, Washington that
                                                                                                           take a student’s race into consideration violate the
                                                                                                           Equal Protection Clause of the Fourteenth
                                                                                                           Amendment. The 5-4 decision reversed rulings by
                                                                                                           the U.S. Courts of Appeals for the Sixth and Ninth
                                                                                                           Circuits.


Frederick v. Morse (2007)                      X       1st Amendment – off-campus student speech –         Decided June 25, 2007. The U.S. Supreme Court
                                                       Tinker standard – disruption of educational         held that public school officials may restrict
                                                       process                                             student speech at a school event when the speech
                                                                                                           is reasonably viewed as promoting illegal drug
                                                                                                           use. The Court reversed the Ninth Circuit’s
                                                                                                           holding that the school failed to show a ―risk of
                                                                                                           substantial disruption‖ within the meaning of the
                                                                                                           Tinker.
Tennessee Secondary School Athletic Ass’n v.   X       1st Amendment – speech – state athletic             Decided June 21, 2007. The U.S. Supreme Court,
Brentwood Academy (2007)                               association membership – recruiting rules -         in a 9-0 vote, has held that the Tennessee
                                                       penalties                                           Secondary School Athletic Association’s
                                                                                                           (TSSAA) enforcement of its anti-recruitment rule
                                                                                                           against a private school member does not violate
                                                                                                           school’s First Amendment free speech rights. In
                                                                                                           reviewing the Sixth Circuit’s decision, the
                                                                                                           Supreme Court found that TSSAA’s anti-
                                                                                                           recruiting rule struck ―nowhere near the heart of
                                                                                                           the First Amendment.‖
Winkelman v. Parma City School District            X   IDEA – parents’ pro se representation of child      Decided May 21, 2007. The U.S. Supreme Court
(2007)                                                 in federal court                                    ruled that the Individuals with Disabilities
                                                                                                           Education Act (IDEA) grants parents independent,
                                                                                                           enforceable rights, which are not limited to
                                                                                                        procedural and reimbursement-related matters but
                                                                                                        also encompass the entitlement to a free
                                                                                                        appropriate public education (FAPE) for their
                                                                                                        child. The decision means that non-attorney
                                                                                                        parents can litigate IDEA claims in federal court
                                                                                                        unrepresented legal counsel because they are
                                                                                                        acting on their own behalf. The Court thereby
                                                                                                        side-stepped the question of whether IDEA
                                                                                                        departs from the common law rule about pro se
                                                                                                        representation and authorizes a parent to litigate
                                                                                                        another party's (the child's) claims.
BCI Coca-Cola Bottling Co. of L.A. v. EEOC        X   Employment Discrimination: Title VII - race –     Rule 46 Dismissal April 12, 2007. U.S. Supreme
(2007)                                                liability for subordinate’s discriminatory animus Court dismissed the case prior to oral argument
                                                                                                        because parties’ had entered into a settlement .


Murphy v. Arlington Central School District   X       IDEA – is a ―prevailing party‖ entitled expert    Decided June 26, 2006. Court held that the
(2006)                                                fees on the same basis as attorney fees           Individuals with Disabilities Education Act
                                                                                                        (IDEA) does not require school districts to
                                                                                                        reimburse parents who prevail in special
                                                                                                        education disputes for the costs of experts.
Garcetti v. Ceballos (2006)                   X       Free Speech - public employee's purely job-       Decided May 30, 2006. Court held that when
                                                      related speech - First Amendment                  public employees make statements pursuant to
                                                      protection                                        their official duties, they are not speaking as
                                                                                                        citizens for purposes of the First Amendment's
                                                                                                        free speech guarantees, and the Constitution does
                                                                                                        not insulate their speech from employer actions.
Weast v. Schaffer (2005)                      X       IDEA - placing the burden of proof in             Decided Nov. 14, 2005. Court held that the
                                                      administrative hearing                            burden of persuasion in an administrative hearing
                                                                                                        challenging an IEP is properly placed upon the
                                                                                                        party seeking relief, whether that is the disabled
                                                                                                        child or the school district.
America Civil Liberties Union of Kentucky         X   Establishment Clause - display of Ten             Decided June 27, 2005. Court held that displays
v. McCreary County, Kentucky (2005)                   Commandments on courthouse property               violated Establishment Clause because resolutions
                                                                                                        supporting displays had a avowed religious
                                                                                                        purpose. Court declined to abandon or modify
                                                                                                        purpose prong of Lemon test.
Jackson v. Birmingham Board of Education            X       Title IX - third party claim for retaliation for    Decided Mar. 29, 2005. Court held Title IX
(2005)                                                      retaliation for defending the rights of those       implies a private right of action for retaliation by
                                                            protected by Title IX                               individuals who, although not themselves victims
                                                                                                                of gender discrimination, are victims of retaliation
                                                                                                                because they complained about gender
                                                                                                                discrimination suffered by others.
Elk Grove U.S.D. v. Newdow (2004)               X           Establishment Clause - school district policy       Decided June 14, 2004. Court held that Mr.
                                                            requiring teachers to lead classroom in Pledge      Newdow lack prudential standing to bring
                                                            of Allegiance                                       Establishment Clause claim because as a
                                                                                                                noncustodial parent he lacks "next friend" status
                                                                                                                in relation to his child under state law.
Locke v. Davey (2004)                           X           Free exercise of religion - state law prohibiting   Decided February 25, 2004.
                                                            use of state college/university scholarship funds   Court held that denial of state scholarship funds to
                                                            for students seeking pastoral degrees               students seeking patoral degrees does not violate
                                                                                                                the Free Exercise Clause of the First Amendment.
Gratz v. Bollinger                                  X       Equal protection - "reverse discrimination" - use Decided June 23, 2003. Court held that university
(2003)                                                      of race as a factor in university's undergraduate undergraduate admissions policy's use of race was
                                                            admissions process                                not narrowly tailored to achieve goal of student
                                                                                                              body diversity because it awarded preference
                                                                                                              points solely on the basis of an applicant's race.
Grutter v. Bollinger                            X           Equal protection - "reverse discrimination" - use Decided June 23, 2003. Court held that
(2003)                                                      of race as a factor in university's law school    university law school admissions policy's use of
                                                            admissions process                                race was narrowly tailored to achieve goal of
                                                                                                              student body diversity because race was just one
                                                                                                              of several factors considered in reviewing
                                                                                                              individual applicants' qualifications.
United States v. American Library Association           X   Children's Internet Protection Act (CIPA) -         Decided June 23, 2003. Court held that CIPA does
(2003)                                                      blocking software - pornography vs. protected       not violate First Amendment free speech rights as
                                                            speech - 1st Amend. free speech                     they pertain to public library patrons.
Cook County v. United States ex rel. Chandler       X       False Claims Act (FCA) - local government           Decided March 10, 2003. Court held that local
(2003)                                                      entities' liability under FCA                       governments are "persons" amenable to qui tam
                                                                                                                actions under the FCA.
Gonzaga University v. Doe                       X           FERPA - federal right enforceable under section Decided June 20, 2002. Court held that FERPA
(2002)                                                      1983                                            does not create a federal right enforceable under
                                                                                                            section 1983.
Board of Educ. of I.S.D. No. 92 of             X           Search and seizure - random drug testing of         Decided June 27, 2002. Court held that school
Pottawatomie County, Okla. v. Earls                        students in extracurricular activities              district's policy of random suspicionless drug
(2002)                                                                                                         testing of students participating in extracurriculars
                                                                                                               does not violate 4th Amendment.
Zelman v. Simmons-Harris                           X       Establishment Clause - private school vouchers - Decided June 27, 2002. Court held that
(2002)                                                     state aid to religious schools                   Cleveland's voucher program, which includes
                                                                                                            religious schools as participants does not violate
                                                                                                            Establishment Clause.
Owasso I.S. D. No. I-001 v. Falvo (2002)       X           FERPA - "educational records" - students            Decided February 19, 2002. Court held: practice
                                                           grading each other's papers                         of peer grading does not violate FERPA.
Lorillard Tobacco Co. v. Reilly                    X       Preemption by the Federal Cigarette Labeling        Decided June 28, 2001. Court held: (1) that state
(2001)                                                     and Advertising Act (FCLAA) of state law            regulation of tobacco advertising pre-empted by
                                                           regulating the manner and placement of tobacco      FCLAA; and (2) that the regulations violated
                                                           ads - free speech: restrictions on advertising of   tobacco companies' free speech rights.
                                                           tobacco products
Good News Club v. Milford Central School           X       Establishment of religion – school policy           Decided June 11, 2001. Court held that school
District                                                   prohibiting religious groups from using school      district's policy violated club's free speech rights
(2001)                                                     facilities after hours - open forum, viewpoint
                                                           discrimination
Mitchell v. Helms (2000)                           X       Establishment of religion – loan of educational     Court held that using federal funds to purchase
                                                           materials, e.g. computers, software, to Catholic    certain educational materials does not violate
                                                           schools                                             Establishment Clause.
Davis v. Monroe County Bd. of Ed. (1999)       X           Title IX – peer to peer sexual harassment           Court held that school districts are liable for
                                                                                                               student-on-student sexual harassment only if they
                                                                                                               have actual knowledge and fail to take reasonable
                                                                                                               steps to terminate or prevent the sexual
                                                                                                               harassment.
Cedar Rapids S.D. v. Garret F. (1999)              X       IDEA – scope of medical services exclusion          Court held that continuous one-on-one nursing
                                                                                                               services are related services, not excluded medical
                                                                                                               services because they can be rendered by a person
                                                                                                               other than a doctor.
Gebser v. Lago Vista Independent S.D. (1998)   X           Title IX – standard of liability imposed on         Court recognized actual knowledge standard.
                                                           school district for teacher-on-student sexual
                                                           harassment
Bd. of Ed. of Piscataway v. Taxman (1997)              X   Title VII – layoffs on the basis of race to         Case settled before oral argument.
                                                              promote "diversity"
Vernonia S.D. v. Acton (1995)                     X           Fourth Amendment – search and seizure               Held mandatory drug testing for student-athletes
                                                                                                                  constitutional.
U.S. v. Lopez (1995)                              X           Interstate Commerce Clause – limitation of
                                                              congressional authority
Rosenberger v. Rector and Visitors of the Univ.       X       Establishment of religion and free speech –
of Virginia (1995)                                            funding of student religious newspaper
Grumet v. S.D. of Kiryas Joel (1994)              X           Establishment of religion – state formation of
                                                              separate religious school district
Zobrest v. Catalina Foothills S.D. (1993)             X       Establishment of religion – providing interpreter
                                                              to child in religious school
Lamb’s Chapel v. Center Moriches S.D. (1993)          X       Establishment of religion, free speech – use of
                                                              school facilities
Florence County District 4 v. Carter (1993)           X       IDEA – duty to pay tuition at uncertified school
Lee v. Weisman (1992)                                 X       Establishment of religion – clergy-led              Amicus brief did not address the merits. It
                                                              graduation prayer                                   requested the Court not reverse the Lemon v.
                                                                                                                  Kurtzman test.
Pacific Mutual Life Insurance Co. v. Haslip               X   Due process – punitive damages                      Although Court upheld punitive damages award,
(1991)                                                                                                            it noted that unlimited discretion in fixing punitive
                                                                                                                  damages may "invite results that are unacceptable
                                                                                                                  under the Due Process Clause.
Bd. of Ed. of Westside Community Schools v.           X       Equal Access Act – establishment of religion,
Mergens (1990)                                                meaning of "curriculum-related"
DeShaney v. Winnebago Dept. of Social             X           Substantive due process – duty to protect child
Services (1989)                                               from parents
Honig v. Doe (1988)                                   X       IDEA – removal of violent disabled student
Hazelwood S.D. v. Kuhlmeier (1988)                X           Student free speech – school newspaper
School Bd. of Nassau County v. Arline (1987)              X   Section 504 – teacher with infectious disease       Court ruled in agreement with NSBA’s position
                                                                                                                  on the issue that infectious diseases are
                                                                                                                  "handicaps" within the definition in Section 504.
                                                                                                                  Court held school board was not required to find
                                                                                                                  her another job, but could not deny her reasonable
                                                                                                                  alternatives available under district policies.
Wygant v. Jackson Bd. of Ed. (1986)                 X        Equal protection – layoffs on the basis of race to
                                                             promote "role models"
Memphis Community S.D. v. Stachura (1986)     X              Teacher free speech – damages
Bowsher v. Synar (1986)                       X              Separation of powers – legislative veto
Bethel S.D. v. Fraser (1986)                  X              Student free speech
Ansonia Bd. of Ed. v. Philbrook (1986)        X              Title VII of Civil Rights Act – accommodation
                                                             of teacher’s religious beliefs
Cleveland Bd. of Ed. v. Loudermill (1985)           X        Procedural due process – teacher’s right to
                                                             pretermination hearing
Oklahoma v. Gay Task Force (1985)                        X   Teacher free speech – statute forbidding speech      Court affirmed without opinion by 4-4 split, lower
                                                             outside school on subject of gay rights              court decision in overturning statute. NSBA
                                                                                                                  addressed issue of role models but did not address
                                                                                                                  issue of constitutionality of statute.
Smith v. Robinson (1984)                      X              IDEA – attorneys’ fees
New Jersey v. T.L.O. (1984)                   X              Student search and seizure
Irving I.S.D. v. Tatro (1984)                 X     X        IDEA – attorneys’ fees, related services             Won on attorneys’ fees issue, but lost on issue of
                                                                                                                  what constitutes related services.
Bd. of Ed. of Paris v. Vail (1984)                       X   Procedural due process – "property" interest in      The Supreme Court affirmed the court of appeals
                                                             continued employment                                 decision in favor of employees per curiam by a
                                                                                                                  divided Court.
Washington v. Seattle Public Schools (1982)   X              Equal protection - voluntary desegregation
Rowley v. Bd. of Ed. (1982)                   X              IDEA – educational methodology
Plyer v. Doe (1982)                                      X   Equal protection – undocumented alien students       Court held statute requiring school boards to
                                                                                                                  charge tuition for undocumented alien students
                                                                                                                  unconstitutional, but acknowledged that residency
                                                                                                                  laws pose a separate issue (which was addressed
                                                                                                                  in NSBA’s brief).
                                                  PETITIONS FOR WRIT OF CERTIORARI
Case Name                                        Won   Lost   Other Issue                                              Comment
Alexandria City Schools v. A.K.                         X           IDEA: Individualized education program—            Petition for certiorari denied Jan. 22, 2008
                                                                    definition of ―location‖ of services—denial of
                                                                    free appropriate public education
Deal v. Hamilton County Bd. of Educ.                    X           IDEA - FAPE standard - "some educational           Petition for certiorari deneid Oct. 11, 2005.
                                                                    benefit that is not de minimus
J.S. v. Attica Central                                  X           IDEA - cLass action challenge to school district   Petition for certiorari denied Apr. 4, 2005.
                                                                    wide practices - exception to exhaustion of
                                                                    administrative remedies requirement




Love-Lane v. Martin (2004)                              X           Employment retaliation - qualified immunity        Petition for certiorari denied October 4, 2004.




Lewis v. State (2003)                                   X           School finance - state supreme court's denial of   Petition for certiorari denied October 20, 2003.
                                                                    jurisdiction to trial court to enforce school
                                                                    funding scheme remedy
Walker County School District v. Bennett         X                  IDEA - interpretation of "additional evidence"     Petition for certiorari denied December 11, 2000.
(2000)                                                              provision
Faulkner v. Brister (2000)                              X           Free speech - public entrance to university        Petition for certiorari denied Nov. 6, 2000.
Eisenberg v. Montgomery County Public                   X           Equal protection – magnet school admissions        Petition for certiorari denied March 20, 2000.
Schools (2000)                                                      policy based on race
Harris v. Victoria Independent School District          X           Free speech – teachers' claim that transfer was in Petition for certiorari denied Nov. 29, 1999.
(1999)                                                              retaliation for exercising their right to free
                                                                    speech.
Kotterman v. Killian (1999)                             X           Establishment of religion – tuition tax credit     Petition for certiorari denied Oct. 4, 1999.
Helms v. Picard (1999)                                    X   Establishment of religion – public school system Judgment reversed and remanded to Fifth Circuit
                                                              providing special education teachers to teach    for further proceedings on June 29, 2000.
                                                              core secular subjects at Catholic schools
Jackson v. Benson (1998)                              X       Establishment of religion – private school
                                                              voucher
Fowler v. U.S.D. #259 (1996)                          X       IDEA – sign language interpreter in private
                                                              school
Chris L. v. Morgan (1996)                             X       IDEA – filing juvenile justice complaint as a
                                                              "change of placement"
Bd. of Ed. of Piscataway v. Taxman (1996)         X           Title VII – layoffs on basis of race to promote
                                                              "diversity"
Bd. of Ed. of Enlarged City S.D. of the City of       X       IDEA – provision of educational services on the
Watervliet, New York v. Russman (1996)                        premises of a private school
Joint S.D. v. Harris (1995)                               X   Establishment of religion – student-led             Certiorari granted, but Court reversed on the
                                                              graduation prayer                                   ground issue was moot (NSBA argued for
                                                                                                                  granting review).
Fairfax County S.D. v. Fairfax Covenant Church        X       Establishment of religion, free speech – use of
(1993)                                                        school facilities for religious services
NYSSBA v. Sobol (1992)                                X       Establishment of religion, free speech – use of
                                                              school facilities
Metro S.D. of Wayne Twnsp. v. Davila (1992)           X       IDEA – Department of Education authority to
                                                              adopt discipline policy
Jones v. Clear Creek I.S.D. (1992)                    X       Establishment of religion – student-led
                                                              graduation prayer
Caplinger v. Doe (1992)                               X       Substantive due process – constitutional right to
                                                              safe schools
Community S.D. 21 v. Ill. State Bd. of Ed.            X       IDEA – private placement
(1991)
Lee v. Weisman (1990)                             X           Establishment of religion – clergy-led
                                                              graduation prayer
Florence County S.D. 4 v. Carter (1990)           X           IDEA – private placement
Rochester S.D. v. Timothy W. (1989)                  X           IDEA – duty to serve all disabled persons
Pitts v. Freeman (1989)                       X                  Equal protection – desegregation, "unitary"
                                                                 status
Oklahoma City Schools v. Dowell (1989)               X           Equal protection – desegregation, return to
                                                                 neighborhood schools
Bradford Area S.D. v. Stoneking (1989)               X           Substantive due process – constitutional right to
                                                                 safe schools
Bradford Area S.D. v. Sower (1989)                   X           Substantive due process – constitutional right to
                                                                 safe schools
Bd. of Ed. of Westside Community Schools v.   X                  Equal Access Act – establishment of religion,
Mergens (1989)                                                   meaning of "curriculum-related"
Miera v. Garcia (1987)                               X           Substantive due process – corporal punishment
Hazelwood S.D. v. Kuhlmeier (1986)            X                  Student free speech – school newspaper
New Jersey v. T.L.O. (1984)                   X                  Student search and seizure                          Court originally accepted case on the issue of
                                                                                                                     whether evidence "illegally" obtained by school
                                                                                                                     officials is admissible in a subsequent criminal
                                                                                                                     proceeding. NSBA’s brief requested the Court to
                                                                                                                     address the underlying issue of whether the school
                                                                                                                     violated the student’s Fourth Amendment rights.
                                                                                                                     Court granted review based the Fourth
                                                                                                                     Amendment rights issue.
Bender v. Williamsport Area S.D. (1984)       X                  Free speech – use of school facilities
Irving I.S.D. v. Tatro (1983)                 X                  IDEA – related services
GARC v. McDaniel (1983)                              X           IDEA – 12 month education
Roncker v. Walter (1982)                             X           IDEA – extent of mainstreaming requirement
                                                    DECISIONS IN COURTS OF APPEALS
Case Name                                     Won   Lost   Other Issue                                                Comment
Johnson v. Poway Unified School District                         First Amendment - employee free speech -
(9th Cir. pending)                                               authority of school district to regulate teacher
                                                                 classroom expression
Purdham v. Fairfax County School Board (4th              Fair Labor Standards Act - interpretation of
Cir. pending)                                            nominal fee - payment of stipends to school
                                                         support staff who volunteer as coaches/advisors
                                                         for athletic and extracurricular activities
C.H. v. Heyward (4th Cir. pending)                       First Amendment - student free speech - authority
                                                         of school district to regulate wearing of apparel
                                                         displaying Confederate flag
Meadows v. Lake Travis Independent School            X   Fourteenth Amendment – substantive due process,     Decided Sept. 8, 2010. Fifth Circuit panel held
District (5th Cir.)                                      parental rights - access to school premises to      that a school district’s policy requiring all
                                                         monitor child’s education; reasonableness of        visitors to its schools to undergo an electronic
                                                         visitor policies to ensure student safety           sex offender background check before obtaining
                                                                                                             access to the school does not violate parents’
                                                                                                             Fourteenth Amendment substantive due process
                                                                                                             right to direct their children’s education. The
                                                                                                             panel alternatively concluded that even if
                                                                                                             parents have a fundamental right to access all
                                                                                                             areas of their child’s school, the policy passed
                                                                                                             constitutional muster because the school district
                                                                                                             has a compelling interest in determining if a
                                                                                                             visitor is a registered sex offender and the policy
                                                                                                             is narrowly tailored to achieve that interest.
Marshall Joint School District No. 2 v. C.D. (7th    X   IDEA - eligibility for special education -          Decided Aug. 2. 2010. Seventh Circuit panel
Cir.)                                                    determination of whether child’s health condition   held that a student suffering from Ehlers-Danlos
                                                         adversely affects educational performance           Syndrome (EDS) was not eligible for special
                                                                                                             education services under IDEA because his
                                                                                                             medical condition does not adversely affect his
                                                                                                             educational performance.
El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.)   X   IDEA- Settlement offer –enforceability without      Decided Dec. 16, 2009. Fifth Circuit panel held
                                                         court review; mootness of lawsuit seeking same      that a special education student who rejected a
                                                         relief as rejected settlement offer                 written settlement that offered all requested
                                                                                                             relief and attorney’s fees, was not entitled to
                                                                                                             attorney’s fees under IDEA incurred prior to or
                                                                                                             subsequent to the written settlement offer
                                                                                                             because the student unreasonably protracted
                                                                                                             resolution of the dispute. It also rejected the
                                                                                                             school district’s claim for attorney’s fees.
Nurre v. Whitehead (9th Cir.)                        X   Religion – prohibiting the playing of religious     Decided Sept. 8, 2009. A Ninth Circuit panel, in
                                                       themed music at graduation ceremony –                 a 2-1 split, held that a Washington school
                                                       Establishment Clause – Equal Protection Clause        district’s decision to bar the performance of a
                                                                                                             religious-themed instrumental musical piece at a
                                                                                                             high school graduation did not violate the
                                                                                                             student’s rights under the Free Speech,
                                                                                                             Establishment, and Equal Protection Clauses.
Dean transportation v. NLRB (D.C. Cir.)            X   Labor – out sourcing of transportation services to    Decided Jan. 9, 2009. The U.S. Court of
                                                       private firm – right of representation of employees   Appeals for the District of Columbia Circuit has
                                                       – former public union or union representing           ruled in favor of a public sector union that
                                                       employees of private firm                             sought the right to bargain on behalf of its
                                                                                                             members who had been absorbed by a private
                                                                                                             sector employer after a Michigan school district
                                                                                                             outsourced its transportation services.
Colorado Christian University v. Baker (10th       X   First Amendment - Establishment Clause—state          Decided Jul. 23, 2008. Tenth Circuit panel held
Cir.)                                                  provisions prohibiting public funding of religious    that exclusionary provisions were
                                                       education                                             unconstitutional for two reasons: the program
                                                                                                             expressly discriminates among religions without
                                                                                                             constitutional justification, and its criteria for
                                                                                                             doing so involve unconstitutionally intrusive
                                                                                                             scrutiny of religious belief and practice.
Page v. Lexington County School District One   X       First Amendment - government speech—school            Decided Jun. 23, 2008. The Fourth Circuit held
(4th Cir.)                                             district statements on proposed legislation—          that a South Carolina school district did not
                                                       hyperlinks on school web sites                        engage in impermissible viewpoint
                                                                                                             discrimination under First Amendment’s Free
                                                                                                             Speech Clause when it refused to use its own
                                                                                                             information systems to point to information
                                                                                                             supporting private school choice. In regard to
                                                                                                             the website, It concluded that the school district
                                                                                                             ―sufficiently controlled this channel of
                                                                                                             communication so that its speech remained
                                                                                                             government speech and it did not create a
                                                                                                             limited public forum by including links to other
                                                                                                             websites,‖ and that the same held true for the
                                                                                                             district’s e-mail facility.
Thompson R2-J School Dist. v. Luke P. (10th    X       IDEA - substantive standard for FAPE--self            Decided Aug. 29, 2008. The Tenth Circuit held
Cir.)                                                  sufficiency                                           an individualized education program (IEP)
                                                                                                             developed by a Colorado school district
                                                                                                             provided a student with a ―free appropriate
                                                                                                             public education‖ (FAPE) as required by the
                                                                                                             Individuals with Disabilities Education Act
                                                                                                             (IDEA) because the plan was ―reasonably
                                                                                                             calculated to provide some educational benefit,‖
                                                                                                             even if it failed to make the student self-
                                                                                                             sufficient in his home and community
                                                                                                             environments.
Busch v. Marple Newton School District (3rd       X       First Amendment: curriculum control--free speech Decided Jun. 1, 2009. The Third Circuit held
Cir.)                                                     rights of parent volunteers                      that a Pennsylvania school district did not
                                                                                                           violate a student’s or his parents’ free speech or
                                                                                                           Establishment Clause rights by telling his
                                                                                                           mother she could not read the Bible to his
                                                                                                           kindergarten class.
M.A.L. v. Kinsland (6th Cir.)                     X       1st Amendment – student speech – distribution of   Decided Oct. 7, 2008. The Sixth Circuit held
                                                          anti-abortion literature in hallways during non-   that a Michigan school district’s time, place, and
                                                          instructional time                                 manner restrictions on distribution of student
                                                                                                             materials in school did not violate a student’s
                                                                                                             free speech rights because those restriction were
                                                                                                             reasonable.
John M. v. Board of Education Evanston            X       IDEA – stay put provision - ―then current          Decided Sept. 17, 2007. The Seventh Circuit
Township High School District No. 202 (7th Cir.           placement‖ – four corners of the IEP               held a federal district court applied an incorrect
2007)                                                                                                        standard in holding that because a disabled
                                                                                                             Illinois student had received co-teaching in
                                                                                                             middle school, the Individuals with Disabilities
                                                                                                             Education Act (IDEA) required his high school
                                                                                                             to provide co-teaching as well. The appeals
                                                                                                             court also found that in granting the student’s
                                                                                                             motion for a preliminary injunction to enforce
                                                                                                             IDEA’s "stay-put" provision,
United School District No. 259 v. Kansas              X   FERPA – IDEA – student privacy – applicability     Decided June 25, 2007. Tenth Circuit (s
Advocacy & Protective Services (10th Cir. 2007)           of the Developmental Disabilities Assistance and   dismissed the appeal for lack of jurisdiction and
                                                          Bill of Rights Act (DDA), Protection and           has rendered the case moot after an agency
                                                          Advocacy for Individuals with Mental Illness Act   voluntarily withdrew its contested records
                                                          (PAIMI) and Protection and Advocacy of             request from the school district.
                                                          Individual Rights Act (PAIR) to public schools
Mayer v. Monroe County Community School           X       1st Amendment – teacher speech during              Decided Jan. 24, 2007. Seventh Circuit held that
Corporation (7th Cir. 2007)                               instructional time on matter of public concern -   a public elementary school teacher’s free speech
                                                         retaliation                                           rights were not violated when she was
                                                                                                               prohibited from expressing her opinion of the
                                                                                                               war in Iraq during instructional time.
Child Evangelism Fellowship of Maryland v.           X   Free speech/religion – does policy restricting        Decided Aug. 10, 2006. Fourth Circuit held that
Montgomery County Public Schools (4th Cir.               classroom distribution of materials on the basis of   school district’s policy limiting classroom
2006)                                                    speaker identity violate the First Amendment’s        distribution of materials from outside groups
                                                         Free Speech Clause                                    based on the type of group, rather than the
                                                                                                               content of the materials, still violates a religious
                                                                                                               group's free speech rights because it gives
                                                                                                               school administrators ―unfettered discretion‖
                                                                                                               that could allow them to engage in viewpoint
                                                                                                               discrimination.
C.N. v. Ridgewood Board of Education (3rd Cir.   X       First Amendment student speech - Fourteenth           Decided Dec. 1, 2005. Third Circuit has ruled
2005)                                                    Amendment student privacy - parents' right to         that a New Jersey school district's survey of
                                                         direction children's education                        students that included questions on sensitive
                                                                                                               subjects did not violate the students'
                                                                                                               constitutional right to privacy or their First
                                                                                                               Amendment right against compelled speech,
                                                                                                               even though, according to the court, the survey
                                                                                                               was involuntary as administered.




Eklund v. Byron Unified School District (9th     X       First Amendment Establishment Clause - use of         Decided Nov. 17, 2005. Ninth Circuit held that
Cir. 2005)                                               role playing to teach about Islamic culture and       role-playing exercise in class to teach students
                                                         religion                                              about Islamic culturwe and religion does violate
                                                                                                               the Establishment Clause.




Comfort v. Lynn School Committee (1st Cir.       X       Fourteenth Amendment equal protection - use of        Decided June 16, 2005. First Circuit held that
2005)                                                    race as factor in student assignment plan             the school district’s use of race as a factor in its
                                                                                                               student assignment plan does not violate the
                                                                                                                   Fourteenth Amendment’s Equal Protection
                                                                                                                   Clause.
Frederick v. Morse (9th Cir. 2006)                   X       First Amendment free speech - suspension of           Decided March 10, 2006. The Ninth Circuit held
                                                             student for off campus display of banner              that a Juneau, Alaska high school student's right
                                                             containing offensive material                         to free speech was violated when he was
                                                                                                                   suspended for off-campus speech during a
                                                                                                                   school-authorized activity-speech that the school
                                                                                                                   district argued promoted a message contrary to
                                                                                                                   the school's educational mission. The court went
                                                                                                                   further, ruling that the school's principal was not
                                                                                                                   entitled to qualified immunity from the lawsuit.
Lillbask v. Sergei (2nd Cir. 2005)                       X   IDEA - procedural requirements - raising issues at Decided Feb. 2, 2005. Court 's ruling rested on
                                                             administrative hearing not raised at IEP meeting   grounds other than those raised in amicus brief.




Bannon-Harris v. School District of Palm Beach   X           First Amendment free speech - principal's policy      Decided Oct. 12, 2004. Eleventh Circuit held
(11th Cir. 2004)                                             prohibiting the display of religious                  that principal's restrictions on religious message
                                                             messages/symbols from student murals that were        did not violate student's free speech rights
                                                             part of school beautification project                 because the mural project was a nonpublic
                                                                                                                   forum involving school-sponsored speech that
                                                                                                                   principal could regulate for legitimate
                                                                                                                   pedagogical reasons.
Wigg v. Sioux Falls School District (8th Cir.                Establishment Clause - teacher's participation as     Decided Sept. 3, 2004. Eighth Circuit held
2004)                                                        instructor in after hours religious club limited to   teacher has free speech right to participate in
                                                             school(s) where she does not teach                    religious club regardless of where it meets.
Child Evangelism Fellowship v. Montgomery            X       Free speech - Establishment Clause - distribution     Decided June 30, 2004. Fourth Circuit held that
County Public Schools (4th Cir. 2004)                        of religious material in classroom                    school district's refusal to allow outside religious
                                                                                                                   group to distribute their materials in the
                                                                                                                   classroom like other secular groups constiuted
                                                                                                                   impermissible viewpoint discrimination in
                                                                                                                   violation of the group's free speech rights.
Stafford Township Board of Education v. Child                Free speech - Establishment Clause - distribution     Decided Oct. 15, 2004. Court held that school
Evangelism Fellowship of New Jersey (3rd Cir.                of religious material in classroom                    district’s refusal to distribute promotional
2004)                                                                                                              materials for a religious club in elementary
                                                                                                                 schools, while distributing materials for secular
                                                                                                                 clubs, violated the religious club’s free speech
                                                                                                                 rights. The court also ruled that barring the
                                                                                                                 religious club from distributing materials at
                                                                                                                 "back-to-school night" events and from posting
                                                                                                                 posters on school walls was unconstitutional.
Weast v. Schaffer (4th Cir. 2004)                X           IDEA - parent challenge of IEP - burden of proof    Decided July 29, 2004. Fourth Circuit held that
                                                                                                                 parent failed to present any valid reason for
                                                                                                                 departing from the general rule that the party
                                                                                                                 initiating a proceeding bears the burden of
                                                                                                                 proof.

Newsom v. Albemarle County School                    X       Student speech - school dress code banning t-       Decided December 1, 2003. Fourth Circuit held
Board (4th Cir. 2003)                                        shirts depicting weapons or violence                that dress code as applied to clothing depicting
                                                                                                                 weapons was overbroad and violated student's
                                                                                                                 free speech rights.
Butler v. Rio Rancho Public Schools Board of     X           Due process - student's expulsion for violating     Decided August 25, 2003. Tenth Circuit held
Education (10th Cir. 2003)                                   school's weapon policy - requirement of scienter    school did not violate student's student's due
                                                                                                                 process for suspending him on the grounds he
                                                                                                                 should have known he was in possession of
                                                                                                                 weapon on school property.
Beth B. v. VanClay(7th Cir. 2002)                X           IDEA - placement of student with Rett Syndrome      Decided March 5, 2002. Seventh Circuit
                                                             (severe cognitive disorder) in self contained       affirmed. It held that school district's placement
                                                             special education classroom - LRE, FAPE             did not violate either the FAPE or LRE
                                                                                                                 provisions of IDEA.
Earls v. Board of Education of the Tecumseh          X       Search and seizure - random drug testing of         On March 21, 2001 the Tenth Circuit reversed
School District (10th Cir. 2001)                             students in extracurricular activities              and remanded, holding that the school district's
                                                                                                                 drug testing policy violated the Fourth
                                                                                                                 Amendment
Scott v. Pasadena Unified School District (9th   X           Equal protection – race, ethnicity, and gender as   On September 4, 2002 the Ninth Circuit
Cir. 2002)                                                   factors to achieve diverse learning enviornment     dismissed the suit on the grounds that the
                                                                                                                 plaintiffs lacked Article III standing.
Schaffer v. Vance (4th Cir. 2000)                        X   IDEA - burden of proof in administrative hearings Fourth Circuit vacated and remanded to the
                                                                                                               district court with instructions to resolve the
                                                                                                               burden of proof issue along with consideration
                                                                                                               of the merits
Fuller v. Decatur Public School Board of            X       Due process - motivation for expulsion of African    On May 24, 2001 the Seventh Circuit ruled that
Education (7th Cir. 2001)                                   American students                                    school district's policy prohibiting "ganglike
                                                                                                                 activity" was neither unconstitutionally vague
                                                                                                                 nor overbroad
Capacchione v. Charlotte-Mecklenburg School         X       Equal protection – school district's achievement of Fourth Circuit held: school district had not
District (4th Cir. 2000)                                    unitary status, race based magnet school            achieved unitary status and use of race in
                                                            admissions policy                                   assigning students was constitutional
Padilla v. School District No. 1 (10th Cir. 2000)   X       IDEA – does IDEA give rise to private cause of       Tenth Circuit held: IDEA does not provide basis
                                                            action under section 1983                            for section 1983 claim
James v. Upper Arlington City School District           X   IDEA - statue of limitations for claim for           Sixth Circuit held: statue of limitations does not
Board of Education (6th Cir. 2000)                          reimbursement of private school tuition              bar claim for reimbursement filed within 2 years
                                                                                                                 of parents' last request for new IEP.
Board of Education of Harford County v.             X       IDEA – attorneys’ fees, parents’ successful          Fourth Circuit held that parents were not entitled
Thomas (4th Cir. 1999)                                      defense in due process hearing brought by school     to attorney's fees under IDEA as prevailing
                                                            district                                             party because they successfully defended against
                                                                                                                 school district in Due Process hearing
West v. Derby U.S.D. No. 260 (10th Cir. 1999)       X       Free speech – display of Confederate flag            Tenth Circuit held that school district's policy
                                                                                                                 banning the display of Confederate symbols did
                                                                                                                 not violate student's right to free speech
Tuttle v. Arlington County Public Schools (4th          X   Equal protection – diverse student enrollment        Fourth Circuit ruled that school board's race
Cir. 1999)                                                                                                       based transfer policy violated the Equal
                                                                                                                 Protection Clause.
Boring v. Buncombe Bd. of Ed. (4th Cir. en banc     X       Free speech , "academic freedom" – transfer of
1998)                                                       teacher because of choice of play for
                                                            extracurricular competition
Maryland Casualty v. W.R. Grace (2nd Cir.               X   Asbestos                                             Lost on issue of when damage from the asbestos
1997)                                                                                                            occurs.
Yeo v. Town of Lexington (1st Cir. 1997)            X       Free speech – advertiser in school newspaper
                                       th
Nevares v. San Marcos Con. I.S.D. (5 Cir.           X       Due process – property and liberty implicated by
1997)                                                       transfer to alternative school
Morgan v. Chris L. (6th Cir. 1997)                      X   IDEA – filing juvenile justice complaint as a
                                                            "change of placement"
Fowler v. U.S.D. #259 (10th Cir. 1997)                  X   IDEA – sign language interpreter in private school
Cefalu v. East Baton Rouge Parish (3rd Cir.     X           IDEA – sign language interpreter in private school Panel reversed itself after passage of the IDEA
1997)                                                                                                          Reauthorization, and ruled for the school
                                                                                                               district.
Taxman v. Bd. of Ed. of Piscataway (3rd Cir.        X       Title VII – layoffs on basis of race to promote
1996)                                                       "diversity"
Larson v. Miller (8th Cir. 1996)                X           Section 1981 – conspiracy to deprive student of      Court granted NSBA’s motion requesting it
                                                            equal protection and Title IX                        vacate panel’s decision and rehear en banc.
                                                                                                                 Eighth Circuit sitting en banc reversed panel’s
                                                                                                                 decision against superintendent and principal.
Doe v. Taylor I.S.D. (5th Cir. en banc 1996)            X   Substantive due process – duty to protect,           Court reversed panel’s decision as to the duty to
                                                            constitutional right to safety                       protect standard but adopted a standard which
                                                                                                                 allows a student to show that the school was
                                                                                                                 "deliberately indifferent" to his constitutional
                                                                                                                 right to be free from bodily integrity in the
                                                                                                                 schools. NSBA’s brief argued that there is no
                                                                                                                 constitutional duty to protect and students have
                                                                                                                 no substantive right to bodily integrity.
Commonwealth of Virginia v. U.S. (4th Cir. en   X           IDEA – discipline of disabled students for
banc 1996)                                                  conduct unrelated to disability
Commonwealth of Virginia v. U.S. (4th Cir.      X           IDEA – discipline of disabled students for           Court granted motion to rehear case en banc.
1996)                                                       conduct unrelated to disability
U.S. v. Alcan Aluminum Corp. (3rd Cir. 1994)        X       Superfund – liability for cleanup
Doe v. Taylor I.S.D. (5th Cir. 1994)                X       Substantive due process – duty to protect students   Court granted request for en banc rehearing.
                               th
Brown v. Woodland U.S.D. (9 Cir. 1994)          X           Establishment of religion – curriculum did not
                                                            establish religion of "witchcraft"
Steirer v. Bethlehem S.D. (3rd Cir. 1993)       X           Involuntary servitude – school district’s
                                                            community service requirement
Hedges v. Wauconda S.D. (7th Cir. 1993)         X           Student free speech, establishment of religion –
                                                            distribution of religious literature
U.S. v. Western Electric Co. (D.C. Cir. 1992)   X           Contest of U.S. request to modify A.T.&T.
                                                            consent order to allow telephone companies to
                                                            expand into information services market,
                                                            including education
Pulido v. Cavazos (8th Cir. 1991)                        X           Establishment of religion – Title I services to
                                                                     parochial school students
Community S.D. 21 v. Ill. State Bd. of Ed. (7th          X           IDEA – private school placement
Cir. 1991)
Americans United for Separation of Church and            X           Establishment of religion – Title I assistance to
State v. S.D. of the City of Grand Rapids (6th                       parochial school students; "off the top" provision
Cir. 1992)
Virgil v. School Bd. of Columbia County (11th     X                  Free speech (student’s right to know) – textbooks
Cir. 1989)
Rochester S.D. v. Timothy W. (1st Cir. 1989)             X           IDEA – duty to serve all disabled students
Safe Buildings Alliance v. EPA (D.C. Cir. 1988)   X                  Authority of EPA to promulgate rules on asbestos
                                                                     in schools
Smith v. Bd. of School Comm. of Mobile (5th       X                  Establishment of religion – textbooks
Cir. 1987)
In Re Asbestos School Cases (E.D. Pa. & 3rd       X                  Property damage suit by national class action of      After over a decade of motions and appeals, the
Cir. 1986)                                                           school districts against asbestos manufacturers       case was settled without a trial.
Mozert v. Hawkins County Public Schools (6th      X                  Free exercise of religion – textbooks
Cir. 1985)
GARC v. McDaniel (11th Cir. 1983)                        X           IDEA – 12 month education
                    th
Zykan v. Warsaw (7 Cir. 1980)                     X                  Free speech (academic freedom of teacher) –
                                                                     textbooks
Armstrong v. Kline (3rd Cir. 1980)                       X           IDEA – 12 month school year
                                                      DECISIONS IN STATE SUPREME COURTS
Case Name                                         Won   Lost   Other Issue                                                Comment
Dydell v. Taylor (Mo. pending)                                       Coverdell Teacher Protection Act - applicability
                                                                     to school administrators for acts and omissions
                                                                     in disciplining students; interaction with state
                                                                     official immunity laws
Abbeville County S.D. v. State (S.C. pending)                        School Finance – state funding scheme –
                                                                     ―minimally adequate education‖ standard
Committee for Educ. Equity v. Missouri (Mo.)          X   School Finance – adequacy of state funding            Decided Sept. 1, 2009. Missouri Supreme Court
                                                          scheme under state constitution                       denied the plaintiffs’ claim that the states school
                                                                                                                funding formula is unconstitutionally disparate
                                                                                                                and inadequate.
Cain v. Horne (Ariz. App.2008)                    X       School vouchers – violation of state                  Decided May 15, 2008. Appellate court held that
                                                          constitutional provision restricting state aid to     while that the voucher programs did not run
                                                          sectarian schools – federal constitutional validity   violate the Arizona Constitution’s Religion
                                                          of ―Blaine Amendments‖                                Clause, the state’s disbursement of benefits under
                                                                                                                the programs does ―precisely what [the Aid
                                                                                                                Clause] forbids.‖
West Orange-Cove C.I.S.D. v. Travis County            X   School finance - justicability of educational         Decided Nov. 22, 2005. The Texas Supreme
(Tex. 2005)                                               adequacy claim                                        Court, in a 7-1 vote with one justice not
                                                                                                                participating, has ruled that the state's system of
                                                                                                                taxation for funding public schools violates the
                                                                                                                state constitution's prohibition of state ad valorem
                                                                                                                taxes. However, the court ruled that the state has
                                                                                                                provided sufficient money to fund schools within
                                                                                                                the meaning of the state constitution's
                                                                                                                requirements for an adequate, efficient, and
                                                                                                                suitable public school system.
Holmes v. Bush (Fla. 2006)                        X       Vouchers - state constitutional provision           Decided Jan. 5, 2006. In a 5-2 decision, the
                                                          prohibiting the use of state funds to aid religious Florida Supreme Court held that the state's
                                                          institutions                                        Opportunity Scholarship Program (OSP), a private
                                                                                                              school voucher program, violates the Florida
                                                                                                              constitution's requirement that the state provide "a
                                                                                                              uniform, efficient, safe, secure, and high quality
                                                                                                              system of free public schools." Because the court
                                                                                                              decided the case on this basis, it did not reach the
                                                                                                              question of whether OSP also violated the Florida
                                                                                                              Constitution's establishment clause by providing
                                                                                                              taxpayer funds to religious schools.


Campaign for Fiscal Equity, Inc (CFE). v. State   X       State funding of public education - failure of        Decided June 26, 2003. The New York Court
(N.Y.) (2003)                                             state to provide constitutionally adequate            of Appeals ruled that the state’s system of
                                                          funding                                               funding public education fails to provide
                                                                                                                New York City public school students with
                                                                                                                an opportunity for a meaningful high school
                                                                                                            education as mandated by the state
                                                                                                            constitution.
Warrington v. Tempe Elementary S.D. (Ariz.           X   Negligence - failure of duty to provide safe bus   School district's petition for review denied by
Sup. Ct. 2000)                                           stop                                               Arizona Supreme Court
Bd. of Ed. Jefferson County S.D. R-1 v. Wilder   X       Free speech "academic freedom" – right of
(Colo. Sup. Ct. 1998)                                    teacher to select curricular materials

				
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