Justia Juvenile Law Opinion Summaries

Plaintiffs, former students of Ithaca High School, claimed that defendants violated their First and Fourteenth Amendment rights by prohibiting the publication of a sexually-explicit cartoon in the Ithaca High School student newspaper ("IHS newspaper") and by prohibiting the on-campus distribution of an independent student newspaper containing the same cartoon. At issue was whether the district court erred in holding that the IHS newspaper was a limited public forum. The court concluded that the IHS newspaper was a limited public form and held that defendants lawfully prohibited the publication of the sexually-explicit cartoon pursuant to the standards for regulation of speech set forth in Bethel School District Number 403 v. Fraser and Hazelwood School District v. Kuhlmeier. The court also held that defendants lawfully prohibited the on-campus distribution of the sexually-explicit cartoon in an independent student newspaper pursuant to Fraser and that the court need not reach the question of whether defendants' prohibition of the on-campus distribution of the independent student newspaper was lawful under Tinker v. DesMoines Indep. Cmty. Scho. Dist.

Petitioners Daniel and Lisa B. appealed the decision of the New Hampshire State Board of Education (Board) that upheld a thirty-four day suspension imposed on their daughter Keelin B. Keelin opened an email account under another studentâs name, and then sent sexually suggestive, lewd and threatening email messages to the principal of her school and one teacher. When the deception was discovered, the Board âsentencedâ Keelin to a thirty-four day suspension. Keelinâs parents appealed to the School Board, but the Board upheld the suspension. Upon review, the Supreme Court found that Keelinâs âsentenceâ exceeded the Boardâs maximum allowable suspension under these kinds of circumstances. The Court reduced Keelinâs suspension to twenty days, but affirmed the Boardâs decision in all other respects.

The government sought an injunction under the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. 201-219, based on the boarding school's use of uncompensated minors in its kitchen and housekeeping departments, agricultural operations, auto repair shop, Sanitarium, and other operations. The district court concluded that the students are not employees and, therefore, not subject to the Act. The Sixth Circuit affirmed. The court rejected the school's claim that students in a vocational program can never be considered employees and the government's argument that the test of whether "trainees" are employees should apply, and applied a "primary benefit" test. The school staff is sufficient to perform the work even if the students did not work and the school is not at competitive advantage with respect to the work; the students benefit from hands-on training in an accredited program that is run consistently with their parents' religious beliefs.

Appellees, the parents of a child with moderate-to-severe autism, filed due process proceedings against the Sumter County School District #17 ("District") seeking a determination that the District did not provide a free and appropriate public education ("FAPE") to the child as required by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1412(a)(1)(A). At issue was whether the district court erred by concluding that the District failed to provide the child with a FAPE and that the program established by the child's parents to educate him at home was appropriate. The court held that that the district court did not err in concluding that the District failed to provide the child with FAPE for the 2005-2006 school year where the district court considered the evidence of the child's small improvements in a few tested areas against the District's conceded failure to provide the hours of therapy required for the child, the evidence that the lead teacher and aides did not understand or use proper techniques, and the evidence that it took one teacher months of working with the child to correct the problems caused by the improper techniques. The court also held that the district court did not err by finding that the District was not capable of providing FAPE to the child where the District's evidence was not compelling enough to establish it's improved capabilities at the time of the due process hearing. The court also held that the evidence was sufficient to support the district court's findings that the home placement was reasonably calculated to enable the child to receive educational benefits.

Appellant, a former student in the Forest Grove School District ("Forest Grove"), appealed the district court's determination that he was not entitled to an award of reimbursement for his private school tuition under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1415(i)(2)(C). At issue was whether the district court abused its discretion in holding that equitable considerations did not support any award of private-school tuition at Mount Bachelor Academy as a result of Forest Grove's failure to provide appellant with a Free and Appropriate Education ("FAPE") under the IDEA. The court held that the district court did not abuse its discretion in holding that there was sufficient evidence in the record to support the district court's factual determination where appellant's parents enrolled him at Mount Bachelor solely because of his drug abuse and behavioral problems.