RECENT DEVELOPMENTS IN THE LAW-Primary and Secondary Education

Journal of Law and Education, Oct 2004

STATE COURT AND LOWER FEDERAL COURT DECISIONS

Constitutional Claims and Civil Rights

Student sued teacher, alleging he was harassed and discriminated against because of his gender. Teacher forced student to wear a sign soliciting dates. When student removed the sign, teacher placed student in school suspension until he replaced the sign. Held: For the teacher. Student's statement alone is not enough to show that he was sexually harassed. To support a claim, student must show that harassment was specifically based on gender. Cockerham ex rel. Cockerham v. Stokes County Bd. of Educ., 302 F. Supp. 2d 490 (M.D.N.C. 2004).

Parent and student sued school, alleging racial harassment by classmates. Classmates at school taunted student about his Asian-American background. Student's parents complained to the school principal, who met with the classmates to discuss their behavior. However, the abuse continued. Held: For the school. The school was not deliberately indifferent to the harassment. The principal took steps to talk to the children and their parents. Thus, the school was not liable for racial discrimination, even though the harassment continued. Yap v. Oceanside Union Free Sch. Dist., 303 F. Supp. 2d 284 (E.D.N.Y. 2004).

Assistant Superintendent sued Superintendent for demoting her in retaliation for statements she had made. Superintendent reassigned Assistant Superintendent citing unsatisfactory work performance as the reason for the reassignment. This was done after the assistant superintendent made reports to the superintendent about teachers using improper testing procedures. Held: For the Superintendent. The Superintendent was found to be acting within the scope of his duty as a public official relating to the reassignment and was thus protected by qualified immunity from work related charges. Rodriguez v. Cruz, 296 F. Supp. 2d 726 (S.D. Tex. 2003).

Former teacher sued school board for violation of her constitutional rights prior to losing her job. Teacher was suspended without pay for alleged classroom misconduct and child abuse. Teacher sued the school board for violation of her constitutional rights related to termination of her employment despite being given the option to transfer or retirement. Held: For the school board. Teacher had adequate opportunity to defend herself using grievance procedures as well as other state and federal remedies. Teacher's claim of a constitutional rights violation was unsustainable. Jefferson v. Jefferson County Pub. Sch. Sys., 360 F.3d 583 (6th Cir. 2004).

Student's mother and county education board sued school athletic association for violating student's constitutional rights. School athletic association ruled that the student was ineligible to participate in school athletics. School athletic association executive director asserted that he was protected from the suit by qualified immunity. Student's mother eventually dismissed her suit, but the school board proceeded. Held: For the school board. Athletic association director was an employee of a private athletic association, and not protected by qualified immunity. The school athletic association is not a body of the state, and therefore is not immune from the suit. Hlad v. Tennessee Secondary Sch. Athletic Assn., 305 F. Supp. 2d 830 (M.D. Tenn. 2004).

Teacher sued school system alleging he was denied promotion to assistant principal because he opposed some new policies. Teacher initially sued school board for age discrimination but later learned he was denied the promotion because of his public opposition to the new school policies. Teacher attempted to change the basis of his complaint from age discrimination to an impermissible violation of his First Amendment right to free speech. Held: For the school board. The Court determined that in order for the First Amendment claim to proceed, the speech in question must (1) be constitutionally protected and (2) the value of the speech must outweigh the Government's interest in promoting the efficiency of the public services it performs through its employees. The Court decided the government interest far outweighed teacher's right to free speech. Mataraza v. Newburgh Enlarged City Sch. Dist., 294 F. Supp. 2d 483, (S.D.N.Y. 2003).

Probationary teacher sued Board of Education alleging the board violated her constitutional rights when it fired her and revoked her license to teach. School board fired probationary teacher without a hearing. Teacher sought review of board's decision. Held: For the school board. Review of termination of probationary teacher's employment and teaching certification is allowed if termination was arbitrary and capricious. Teacher failed to prove board's decision was arbitrary or capricious. Behsabe Von Gizycki v. Levy, 3 A.D.3d 572 (N.Y. 2004).

African-American employee sued school board, alleging its decision not to appoint him as superintendent was motivated by racial discrimination and violated his rights under the Civil Rights Act. The employee claimed that he was more qualified than the candidate chosen and that the school board relied on inaccurate information in making its decision. Held: For School Board. The disparity in qualifications was not sufficient to prove that the legitimate motives claimed by the school board were actually a pretext for racial discrimination. Further, the school district's reliance on inaccurate information was not enough to render its decision unlawful, so long as it had a good faith belief that the information was accurate. Thomas v. Troy City Bd. of Educ., 302 F. Supp. 2d 1303 (M.D. Ala. 2004).