Civil Rights in Schools: A Litigation Update

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Presentation transcript:

Civil Rights in Schools: A Litigation Update Presented by Francisco J. Valenzuela

Overview This presentation will focus on student civil rights in the following areas: Freedom of Speech Title IX Transgender Issues Bullying Special Education

Freedom of Speech U.S. Constitution and Texas Constitution Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969) Kountze Indep. Sch. Dist. v. Matthews, 2017 WL 4319908 (Tex. App.—Beaumont 2017, pet. filed) Bell v. Itawamba County School Board, 799 F.3d 379 (5th Cir. 2015) and C.R. v. Eugene School District 4J, 835 F.3d 1142 (9th Cir. 2016) Layshock v. Hermitage School District, 650 F.3d 205 (3d Cir. 2011) (en banc); J.S. v. Blue Mountain School District, 650 F.3d 915 (3d Cir. 2011) (en banc)

Title IX Salazar v. South San Antonio Independent School District, 690 Fed. Appx. 853 (5th Cir. 2017) Doe v. Columbia-Brazoria Independent School District, 855 F.3d 681 (5th Cir. 2017) K.S. v. Northwest Independent School District, No. 16-40093, 2017 WL 1683093 (5th Cir. 2017) Ayala v. Houston Indep. Sch. Dist., No. H-16-2503, 2018 WL 496898 (S.D. Tex. 2018) Chavez v. Richardson Indep. Sch. Dist., No. 3:16-CV-2563-B, 2017 WL 3620388 (N.D. Tex. 2017) IF v. Lewisville Indep. Sch. Dist., No. 4:14-CV-359, 2017 WL 4506804 (E.D. Tex. 2017) Jane Does 1-10 v. Baylor Univ., 240 F. Supp.3d 646 (W.D. Tex. 2017)

Transgender Issues The issues being discussed Administrative Guidance Case Law

Bullying David’s Law 1. Changes to the Texas Education Code 2. Injunctive Relief 3. Criminal Penalties

Special Education Americans with Disabilities Act Rehabilitation Act Individuals with Disabilities Education Act Fry v. Napoleon Cmty. Sch., ___ U.S. ___, 137 S. Ct. 743 (2017) Reyes v. Manor Indep. Sch. Dist., 850 F.3d 251 (5th Cir. 2017) Reed v. Kerens Indep. Sch. Dist., No. 3:16-CV-1228-BH, 2017 WL 2463275 (N.D. Tex. 2017)

Francisco J. Valenzuela FHMBK 4849 Greenville Avenue Suite 1300 Dallas, TX 75206 214-369-1300 fvalenzuela@fhmbk.com