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Schools & School Boards

Jul 26, 2013

Schools & School Boards – Civil Rights – Racial Desegregation – Order of Unity

Randall v. Sumter School District No. 2 Due to the defendant-school district’s careful attention to school attendance zones, there is no racial exclusion from any of the district’s schools, and the proportion of black to white students at each school is reasonably consistent in light of demographic factors. Most of the current racial imbalance results from demographic shifts in popul[...]

Jun 28, 2013

PUBLISHED ORDER – Rehearing Denied in School Access Suit

Doe v. Virginia Dep’t of State Police The 4th Circuit denies rehearing and rehearing en banc of its April 12 decision holding that a woman convicted in 1993 of carnal knowledge of a minor student under her supervision must first seek permission from the local state court and school board for access to her children’s school, before suing in federal court.

Dec 12, 2012

Schools & School Boards – Magnet School – Nonresident Student – Real Property Owner – Exhaustion of Administrative Remedies

Storm M.H. v. Charleston County Board of Trustees Once a school board accepts a student into a magnet school, the board cannot assign the student to a different school based on the way she meets eligibility requirements. In this case, the Berkeley County-resident student met the eligibility requirement to attend a Charleston County magnet school by purchasing real property in Charleston C[...]

Jul 13, 2012

Schools & School Boards – Constitutional – Freedom of Religion – Establishment Clause – Academic Credit – Off-Campus Religious Instruction

Moss v. Spartanburg County School Dist. Seven (Lawyers Weekly No. 001-148-12, 21 pp.) (Niemeyer, J.) No. 11-1448, June 28, 2012; USDC at Spartanburg, Va. (Herlong, J.) 4th Cir. Holding: A high-school student and her parents lose their First Amendment Establishment Clause challenge to a Spartanburg County public school system’s policy of allowing public school students […]

Sep 21, 2011

Schools & School Boards – IDEA – FAPE – Measurable Goals – Progress

Bridges v. Spartanburg County School District Two Where the student was receiving personalized instruction and services tailored to meet his educational needs, he received passing grades in the general educational curriculum on the diploma tract, and he continually advanced from grade to grade, the student’s individualized education program was reasonably calculated to enable him to rec[...]

Feb 16, 2011

Schools & School Boards – Constitutional – Due Process – Expulsion – Statutory Procedures

Stinney v. Sumter School District 17. (Lawyers Weekly No. 010-026-11, 3 pp.) (Jean Hoefer Toal, Ch.J.) Appealed from Sumter County Circuit Court. (R. Ferrel Cothran Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Click here for the full text of the opinion. Holding: Even though plaintiffs chose not to […]

Jan 20, 2011

Schools & School Boards – Procedural Due Process – Right to Hearing – Statutory Interpretation – Teacher Employment & Dismissal Act

Henry-Davenport v. Fairfield County. S.C. Code Ann. § 59-24-15 does not afford a certified educator employed as an administrator the rights available under the Teacher Employment and Dismissal Act when she is denied a hearing to . . .

Apr 19, 2010

Schools & School Boards – Administrative – Exhaustion of Remedies – Futility – Labor & Employment – Deposition

Administrative - Exhaustion of Remedies - Futility - Labor & Employment - Deposition

Sep 7, 2009

Schools & School Boards – Countywide District –Magnet Program –Attendance Chances –Local District

Countywide District --Magnet Program --Attendance Chances --Local District

Mar 30, 2009

Schools & School Boards – Administrative – Student Expulsion – Sexual Offense – Insubstantial Evidence

Administrative - Student Expulsion - Sexual Offense - Insubstantial Evidence

Mar 2, 2009

Schools & School Boards – Expulsion – Administrative – Exhaustion Requirement – Judicial Review

Expulsion - Administrative - Exhaustion Requirement - Judicial Review

Jul 24, 2006

Schools & School Boards – Civil Practice – Subject- Matter Jurisdiction – Suspension – School Agents' Conduct

Civil Practice - Subject- Matter Jurisdiction - Suspension - School Agents' Conduct

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