Migra V. Warren City School Dist Case Study

For summary judgment to be granted, the movant must show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The appellate standard of review for reviewing summary judgment orders in this case is the de novo standard, as this is a decision regarding “mixed questions of law and fact”. Barr v. Lafon, 538 F.3d 554, 562 (6th Cir. 2008).

All students, kindergarten through twelfth grade are protected under many various education laws, as well as their basic rights. Title IX is a landmark case from 1972 that removes the bias of gender discrimination in any educational program or activity that receives federal financial assistance (Title IX, 1972). Title IX does not mean that each sex needs a football, basketball and dance team, it means that there needs to be three equal opportunities for each sex. Jackson v. Birmingham Board of Education (2005) was a more recent case of discrimination based on sex in relation to funding of a girl’s basketball team. In addition to Title IX, Section 1983 also upholds the civil rights provided by the Constitution, (42 USC 1983). Grove City College

The third case, Daniel RR v. State Board of Education, was documented in United States Court of Appeals, Fifth Circuit in June 12, 1989. This case discussed whether a child with disability is given a right to receive mainstream education.

In the Supreme Court Case Bethel School District #43 vs. Fraser, the main constitutional issue under scrutiny was the first amendment rights and what they specifically cover. The parties involved in the case was the Bethel School District itself, and the high school senior from that school named Matthew Fraser. The court hearing itself happened in 1986 but the incident causing the court case happened in 1983. The incident occurred at Bethel High School in Bethel Washington, and was an ongoing controversy until it was put to rest by the Supreme Court.

Bethel School District v. Fraser 478 U.S. 675, involved the Bethel School District and a student named Matthew Fraser. The case dealt with freedom of speech in public schools. During a student government speech Fraser used inappropriate language that included sexual innuendos in order to nominate a fellow classmate. The speech created a rowdy audience of over 600 students. Fraser argued that the school violated his First Amendment rights when they suspended him for his endorsement of a fellow classmate. After being tried and appealed in the Ninth Circuit in 1984, the case found it’s was to the United States Supreme Court in 1986. The U.S. Supreme Court reversed the Court of Appeals decision and ruled that school officials did NOT violate Fraser’s

In 1969, three young activists walked into school and were told they could not symbolically express themselves. Without these teens carrying out this simple act of rebellion, students today would lack basic rights in the school place, as they would have no outlet outside of the home to express their views. In order to understand Tinker v. Des Moines Independent School District one must examine the history behind the case, analyze the case itself, and evaluate the impacts on modern society.

In the case of Board of Education of Westside Community Schools v. Mergens, several students in January of 1990 sued the school board alleging that Westside's refusal to allow the students to start a Christian club violated the Equal Access Act. Some students wanted to form this club and be given the same privileges and meeting terms as other after-school schools in this district. The administration initially denied the request, and the school board upheld the administration's decision. The Court of Appeals found in favor of the students in June of 1990.

In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

In 1995, Doe v. Duncanville Independent School District centered around a female student-athlete and her unwillingness to participate in prayer activity. She claimed her refusal to engage in team sponsored worship subjected her to ridicule from teammates, peers, and spectators. The Supreme Court ruled that the school district had failed the Lemon Test by endorsing religion through employee-led prayer, which is a direct violation of the Establishment Clause (Lee, 2005). As a result, “school officials, administrators, and employees were prohibited from initiating, leading, sponsoring, or promoting prayer at athletic events, or using the public address system for similar purposes” (Willett, 2014). This may not have been the popular decision, but

The Santa Fe Independent School District v. Doe stated that student-led/ student-initiated prayer at high school football games violated the establishment clause of the first amendment. The Baptist religion was promoted in the Santa Fe Independent School District in Texas, which is located between Galveston and Houston. A teacher handed out flyers for a “revival meeting” which involved reading the bible and other Catholic things. They offered prayer up to God at graduations, assemblies, and football games. One mormon student and mother filed suit against the school district. Also, one catholic student and mother filed suit against the school district. Their lawsuit involved that the Establishment Clause was violated many times. They did not

These errors may have been as a result of SRO being new and not being familiar with school protocol. Also, according to the established due process requirements from Goss v. Lopez (1975), since Truant continued to deny the charges, he should have been able to explain the evidence and given the opportunity to present his version of the events. He was given the opportunity to explain what happened in class, but not for testing positive on the drug test. By his statement it is not clear if he was told that he tested positive for amphetamines. If he does have a diagnosis of ADHD and taking medication, that would explain the positive result of the urine sample. But, since this conversation has not taken place with his parents, this issue remains in question. Since he did indeed test positive this is in violation of Offense #3 (Narcotics, Alcoholic Beverages, and Stimulant Drugs – A student shall not be under the influence of any

This article discusses Jane Doe, a Texas high school girl sexually molested by a high school teacher. Jane Doe filed a civil suit against Taylor independent School District. The reasons were, the school board permitted violations of due process and violated her equal protection rights. Jane thoroughly established her constitutional rights and proceeded with her claim. The teacher violated the fourteenth amendment to be free from sexual abuse by a state employed teacher. The court ruled in favor of Doe, stating that there was no action taken in order to prevent the violation of her rights. This case impressed me, it was very interesting. I believe that the teacher violated the student rights and the school failed to properly respond to the claims of molestation. I was also shocked that the school district was not proactive toward Doe needs.

Mayerson, G. (2012). Analysis of Zachary Deal v. Hamilton County Department of Education . Retrieved from http://www.wrightslaw.com/advoc/articles/autism.deal.mayerson.analysis.htm