News & Analysis as of

Equal Protection › Students › School Districts

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Franczek P.C.

Seventh Circuit Court of Appeals to Reconsider Transgender Student Access to School Facilities

Franczek P.C. on

The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on...more

Tucker Arensberg, P.C.

Failure to Address Harassment Supports Discrimination Claims

Tucker Arensberg, P.C. on

Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024).  After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the School District...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

Tucker Arensberg, P.C. on

In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Fisher Phillips

Transgender Rights – Where Does Pennsylvania Fit In?

Fisher Phillips on

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if...more

Best Best & Krieger LLP

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Best Best & Krieger LLP

Judge Strikes Down California Teacher Tenure Laws as Unconstitutional - Business-as-usual for school districts while ruling is...

Best Best & Krieger LLP on

California teacher tenure, firing and layoff laws violate the state constitution, a judge has ruled in a closely watched case that may have significant ramifications for school districts, education departments and lawmakers....more

JD Supra Perspectives

Vergara v. California: Its Real Meaning

JD Supra Perspectives on

The media has missed the fact that Vergara is not primarily a case about tenure....more

JD Supra Perspectives

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

JD Supra Perspectives on

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide