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Schools & School Boards

Apr 28, 2023

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 [&[...]

Jan 13, 2023

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 […]

Oct 6, 2021

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, […]

Aug 25, 2021

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 […]

Aug 15, 2017

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 […]

Feb 27, 2017

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 […]

Nov 15, 2016

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[...]

Oct 28, 2015

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[...]

Jun 10, 2015

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, […]

Nov 19, 2014

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 […]

Jul 18, 2014

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 […]

Jun 2, 2014

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 […]

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