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Schools & School Boards – Charter School Sponsorship – Multiple Applications – Approval & Rejection
The Charter School Act contemplates a charter school having only one sponsor; consequently, when one of the appellant-charter school’s applications for sponsorship was approved by the South Carolina Public Charter School District, the issue of the Charleston County School District’s rejection of another of the school’s applications for sponsorship became moot. We affirm the Administrative [&[...]
Schools & School Boards – Civil Rights – FOIA – Executive Session Action
A parent wrote a letter to the respondent-school board, asking the board to reopen the school transfer request window. The day after the board met in executive session, the board chairmen sent the parent a letter, explaining that the parent had met with the chairman and school personnel and that “the answer to your question […]
Schools & School Boards – Constitutional – Virtual Education Limit – Mask Mandate Ban
If a school district places more than five percent of its students in virtual learning, Proviso 1.108 of the 2021-2022 Appropriations Act reduces school funding for every child over that five-percent threshold. Proviso 1.108 does not limit a student’s right to a free education or limit the school district’s ability to provide virtual education. Instead, […]
Schools & School Boards – University Mask Mandate – Universal – Vaccination Status
In Proviso 117.190 of the 2021-2022 Appropriations Act, entitled “Masks at Higher Education Facilities,” the General Assembly said, “A public institution of higher learning, including a technical college, may not use any funds appropriated or authorized pursuant to this act to require that its students have received the COVID-19 vaccination in order to be present […]
Schools & School Boards — Jewish Custom Instruction Not Required Under IDEA
M.L. v. Smith (Lawyers Weekly No. 001-174-17, 22 pp.) (Agee, J.) No. 15-1977, Aug. 14, 2017; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit upholds a decision that the Individuals with Disabilities Education Act does not require a school system to instruct a disabled student in the customs and practice […]
Schools & School Boards – Constitutional – Substantive Due Process – Student Discipline
Crittenden v. Florence School District One (Lawyers Weekly No. 002-065-17, 13 pp.) (R. Bryan Harwell, J.) 4:16-cv-02014; D.S.C. Holding: Where the plaintiff-parent alleges that the defendant-school district did not have adequate training and procedures in place to handle students with behavioral issues, or if it did, those policies were not enforced or adequately explained to […]
Schools & School Boards – Title IX – Student-on-Student Harassment – Expulsion
Mother Doe 203 v. Berkeley County School District (Lawyers Weekly No. 002-217-16, 10 pp.) (Patrick Michael Duffy, J.) 2:14-cv-03575; D.S.C. Holding: As different students reported inappropriate touching and other actions by student WW, the defendant-school district took increasingly serious measures against WW, culminating in his expulsion. Since the expulsion was already in the works when [&helli[...]
Schools & School Boards – Civil Rights – Constitutional – Substantive Due Process – Cheerleader Coach
Doe v. Georgetown County School District (Lawyers Weekly No. 002-190-15, 21 pp.) (David Norton, J.) 2:14-cv-01873; D.S.C. Holding: Plaintiff alleges that her cheerleading coach made an inappropriate comment about plaintiff’s body and then was rude to plaintiff after plaintiff reported the comment. Accepting plaintiff’s allegations as true, the defendant-coach’s actions do not shock the consc[...]
Schools & School Boards — Court Upholds School District ‘Unitary’ Status
Everett v. Pitt County Board of Educ. (Lawyers Weekly No. 001-099-15, 53 pp.) (Diaz, J.) No. 13-2312, June 3, 2015; USDC at Greenville, N.C. (Howard, J.) 4th Cir. Holding: The 4th Circuit upholds a decision by a North Carolina federal district court that defendant school district, which is subject to desegregation orders dating from 1970, […]
Schools & School Boards — Constitutional – Minimally Adequate Education
Abbeville County School District v. State (Lawyers Weekly No. 010-131-14, 59 pp.) (Jean Hoefer Toal, Ch. J.) (John Kittredge, J., joined by Costa Pleicones, J., dissenting) Appealed from Lee County Circuit Court (Thomas Cooper Jr., J.) S.C. S. Ct. Holding: Despite increased funding over the two-decade course of this lawsuit, the outcomes for the students […]
Schools & School Boards – Constitutional – Special Legislation – Logical Basis – Student Transfers
Board of Trustees v. State (Lawyers Weekly No. 010-076-14, 18 pp.) (Costa Pleicones, J.) (Donald Beatty, J., joined by Kaye Hearn, J., dissenting) Appealed from Richland County Circuit Court (J. Ernest Kinard Jr., J.) S.C. S. Ct. Holding: It is true that the General Assembly passed special legislation dealing with the transfer of students from […]
Schools & School Boards – Civil Practice – Justiciability – Students’ GPA
Palms v. School District of Greenville County (Lawyers Weekly No. 011-065-14, 5 pp.) (John Few, Ch. J.) Appealed from Greenville County Circuit Court (Edward Miller, J.) S.C. App. Holding: Since the plaintiff-parents did not allege corruption, bad faith, or a clear abuse of power in the defendant-school district’s calculation of their son’s grade point average […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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