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Tag Archives: Schools & School Boards

Tort/Negligence – Schools & School Boards – Assistant Principals – Sexual Assault – State-Created Danger – Supervisory Liability (access required)

Doe v. Herman (Lawyers Weekly No. 002-113-16, 15 pp.) (David Norton, J.) 2:15-cv-04757; D.S.C. Holding: Although it was defendant Herman, an assistant high school principal, who allegedly sexually assaulted the plaintiff-student, plaintiff has sufficiently alleged a state-created danger claim against ...

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

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 ...

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Civil Rights – Schools & School Boards – Student Assignment Plan – Burden of Proof – Racial Disparities (access required)

Everett v. Pitt County Board of Ed. Parents’ groups that oppose a county school board’s 2011-2012 student assignment plan win their appeal in the 4th Circuit, which says the district court erred by failing to apply, and requiring the school board to rebut, a presumption that racial disparities in the assignment plan resulted from the school board’s prior unconstitutional operation of a racially segregated school district.

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Elections – Civil Rights – Voting Rights Act – Schools & School Boards – At-Large Elections – Multiple Seats – Multiple Votes per Voter (access required)

Levy v. Lexington County In 1994, the General Assembly changed elections for the Board of Trustees for School District Three from an annual February vote to a biennial vote at the time of the general election in November (an at-large election in which voters may cast multiple votes to fill multiple seats on the board).

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Labor & Employment – Public Employees – Schools & School Boards – Teaching Contract – Nonrenewal – Constitutional – Due Process (access required)

Young v. Charleston County School District The record does not show that a three-member committee made the required report to the school board before the board accepted the committee’s recommendation not to renew the plaintiff-teacher’s contract. Moreover, the teacher was not given sufficient notice of the board’s meeting, so neither she nor her attorney was present at the meeting. The record does not reflect that the teacher’s due process rights were protected.

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Environmental – Administrative – Real Property – Schools & School Boards – High School Expansion – Stream Fill (access required)

Murphy v. South Carolina Department of Health & Environmental Control In an environmental regulation, “vicinity” includes not just the section of a stream that will be filled, but also the surrounding area. We affirm the Administrative Law Court’s (ALC’s) decision to affirm a water quality certification (WQC) for a construction project to expand an overcrowded high school.

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Insurance – Commercial – Schools & School Boards – Labor & Employment – Unpaid Overtime (access required)

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.

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Tort/Negligence – Defamation – Cross-Accusations – Schools & School Boards – Superintendent – Financial Services Provider (access required)

Kelley-Moser Consulting, LLC v. Daniels After a war of words between a school district’s superintendent and a firm that provided financial services to several of the district’s schools, both parties’ defamation claims fail. The superintendent is protected by immunity, and the financial services company did not act with constitutional malice.

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