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Issue 25 · May 6, 2013
Amendments to a budget bill in Ohio, if passed, would
jeopardize teachers who provide contraception information and
"materials" or otherwise fail to toe the line on
abstinence-only sex education.
A Utah school district will commence random drug
testing of high school students in sports and other extracurricular
activities in 2013-14. An alternative is providing information on
dangerous performance-enhancing substances.
The U.S. Department of Labor released funding under the
Trade Adjustment Assistance Community College and Career Training
program, which supports collaborations between community colleges
and businesses to train workers with skills that employers demand in
today's economy.
Institutions of higher learning that assist their
graduates in finding work in the United States, or that employ
foreign nationals as faculty members or researchers, can currently
submit petitions for H-1B visas for employment starting on October
1, 2013.
The high school equivalency credential offered by the
GED Testing Service is undergoing a makeover to help ensure that it
functions as a stepping-stone to work or higher education. It will
also be fully electronic.
Webinars for
Educators in May
Click for more details and to
register ...
Tuesday, May 7, 2013 @ 1 PM
Eastern
Correctly determining whether your teachers, faculty,
administrators, coaches, and staff are entitled to the minimum wage
and overtime protections of the Fair Labor Standards Act is more
complicated than it appears. For example, do you know how to apply
the "learned professional" exemption? An attorney will
clarify how the FLSA classification rules play out in an
educational setting.
Wednesday, May 8, 2013 @ 1 PM
Eastern
The federal Family Educational Rights and Privacy Act
regulates disclosure of student records and information. Violations
can impede the receipt of federal higher education funding, so it's
essential to understand the rules, case law, and practical
dimensions of managing student records.
Tuesday, May 14, 2013 @ 1 PM
Eastern
How to calculate minimum hours worked, what the
intermittent leave rules require, and so many other aspects of FMLA
compliance are particularly tricky for a higher education
institution. Get tailored information you can apply immediately at
your college or university.
Tuesday, May 14, 2013 @ 1 PM
Eastern
Where do you draw the line between appropriate dress
and freedom of expression? How do students' legitimate religious beliefs
play into dress code requirements? School administrators seek
practical guidance for navigating this sensitive area of the law
and avoiding constitutional violations. An attorney experienced in
student dress codes provides that guidance.
Thursday, May 16, 2013 @ 1 PM
Eastern
If your K–12 school administration is not up-to-speed
on the Family Educational Rights and Privacy Act, record-related
provisions of No Child Left Behind, and the Pupil Privacy Rights
Amendment, it could lead to inappropriate disclosures of student
information and mishandling of student records. Avoid sanctions by
learning how to tighten up your records management practices.
Wednesday, May 29, 2013 @ 1 PM
Eastern
A Justice Department settlement requires a school to
make menu accommodations for students with special dietary needs.
The implications are potentially far-reaching and could expose
educational institutions to complaints of discrimination under the
ADA by students with serious food allergies. What schools need to
know about this evolving aspect of disability law.
Did You Miss Something? -- Webinars on
CD Option!
What if you have a time conflict and can't participate
in a webinar of interest on its scheduled date and time? Don't
worry. You can still take advantage of our CD option. Soon after
completion of each webinar, the program will be available on CD. Click
here for the complete listing and future
ordering information.
School Officials Protest Too
Much ... Face Potential Liability for First Amendment Violations
The board of education of a Florida school district and
three school administrators could be judged liable for violating a
high school student's First Amendment rights. Last year, a student
at DeSoto County High School asked for permission to participate in
a National Day of Silence on April 20 to raise awareness of
bullying and harassment of lesbian, gay, bisexual, and transgender
(LGBT) students. The student informed her principal of her plan to
observe the day by wearing a t-shirt that read "DOS April 20,
2012: Shhhhh" and not speaking all day at school except when
called upon in class.
Although the DeSoto County School Board has a written
policy that its high school students "have the right to ...
hear, examine, and express divergent points of view, including
freedom of speech, written expression, and symbolic
expression" and to "assemble peacefully on school
grounds," that policy was not followed, the student charged in
a lawsuit.
The plaintiff says that her principal threatened her
with "ramifications" if she participated. According to
the complaint, three appeals to the superintendent brought no
relief, with the superintendent refusing to meet with the student
but informing the principal to tell her that her request was
"disapproved."
The student was undeterred, however. She arrived at
school on April 20 wearing her t-shirt and communicating with peers
and teachers with a dry erase board. During her third-period class,
school administrators removed the student from class and suspended
her for the day.
On February 12, 2013, the student filed suit for First
Amendment injuries and also sought a preliminary injunction
ordering the school district to respect her right to participate in
the 2013 National Day of Silence.
On April 5, a judge for the U.S. District Court for the
Middle District of Florida ruled that the student had
"established a substantial likelihood of success on the merits
of her First Amendment claims," and therefore her lawsuit
against school officials could go forward. "Plaintiff has ... satisfactorily
established, based upon the emails of the defendants, that there is
an established unwritten policy or practice absolutely banning all
'protest' speech at the DeSoto County schools that is contrary to
the school board's written policy and the First Amendment,"
said the court.
While K-12 educators have broad latitude to restrict
speech (for example, speech that interferes with discipline,
invades the rights of others, is vulgar or offensive, or advocates
illegal drug use), the student's actions did not cross the line,
determined the court. "Plaintiff wore a non-vulgar t-shirt and
remained silent at school. There were no incidents until after
plaintiff was removed from her third-period class. Her third-period
teacher has filed an affidavit stating he did not call on plaintiff
during class and [experienced] no change or disruption in his
teaching of the class. The teacher did not cause plaintiff to be
removed from his class, and does not know why she was
removed."
The judge denied the preliminary injunction as
unnecessary to prevent future irreparable injury. In so ruling, the
judge noted that school officials have promised that, this year,
the student will be allowed to engage in the same activities that
she was punished for the previous year. In declining to issue the
injunction, the judge also noted that the principal and
superintendent who were involved in the situation no longer work in
the school district. Meanwhile, the student's First Amendment
lawsuit against their successors and the school board, based on
last year's violation of her rights, will proceed.
Read
the opinion and order in Amber Hatcher v. DeSoto
County School District Board of Education and Adrian Cline, as
Superintendent, Shannon Fusco, as Principal, and Ermatine Jones, as
Dean of Students, in their personal and official capacities, and
their successors in office
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