Brown v. Board of Education, 347 U.S. 483 (1954)(separate but equal overturned) San Antonio v. Rodriguez, 411 U.S. 1 (1973)(inequality of financial support by counties) Plyler v. Doe, 457 U.S. 202 (1982)(legality of denial of education for children of undocumented aliens)
June 12
Unequal Treatment by Race and Sex Affirmative Action and the use of race
Swann v. School District No. 1, 402 U.S. 1 (1971) (remedies for racial segregation ) United States v. Virginia, 518 U.S. 515 (1996)(availability of equal program for women) Department of Education Regulations permitting same sex classes - 71 Fed. Reg. 62530-62543 (October 25, 2006) Higher Education: Grutter v. Bollinger, 123 S. Ct. 2325 (June 23, 2003)(diversity and application of strict scrutiny) Gratz v. Bollinger, 123 S.Ct. 2411 (June 23, 2003)(same) Elementary and Secondary Education: Parents Involved in Community Schools v. Seattle School District No. 1, Meredith v. Jefferson County Board of Education, Nos. 05-908, 05-915 (S. Ct. June 28, 2007)(use of race to compel integration)
*June 19
Sex Harassment, Title IX
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-1688 (statutory prohibition of discrimination on the basis of sex in educational programs receiving federal financial assistance) Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)(harassment) Cohen v. Brown University, 101 F3d 155 (1st Cir. 1996)(sports under Title IX) Communities for Equity v. Michigan High School Athletic Ass’n, 178 F.Supp.2d 805 (W.D.Mich. 2001)(nontraditional seasons for women’s sports under Title IX and 14th Amendment)
June 26
Education of Children with Disabilities
Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982) (legal standard) Polk v. Central Susquehanna Intermediate Unit 16, 853 F.2d 171 (3d Cir. 1988) (legal standard) Honig v. Doe, 484 U.S. 305 (1988) (“stay-put” provision) Cedar Rapids Community School District v. Garrett F., 526 U.S. 66 (1999) – related services Knable ex rel. Knable v. Bexley City School Dist., 238 F.3d 755 (6th Cir. 2001) - creation of Individualized Education Program L.B. ex rel K. B. v. Nebo School District, 379 F.3d 966 (10th Cir. 2004) – inclusion and Least Restrictive Alternative Schaefer v. Weast, 546 U.S. 49 (2005) – burden of proof Winkelman ex rel Winkelman v. Parma City Schools, 550 U.S. 516 (2007) – rights of parents under IDEA Fitzgerald v. Fairfax County School Board, 556 F.Supp.2d 543 (E.D.Va. 2008)(discipline and manifestation hearing under IDEA) Forest Grove School District v. T.A., 557 U.S. 2484 (2009) Payne v. Peninsula School District, 653 F.3d 863 (9th Cir. 2010)(en banc)(constitutional claim against school district for abuse of student with disabilities) Section 504 of the Rehabilitation Act of 1974, 20 U.S.C. 794-794a United States v. Board of Trustees for the University of Alabama, 908 F.2d 740 (11th Cir. 1990)(provision of sign-language interpreters for college students under 504)
Cases for Discussion
San Antonio v. Rodriguez, 411 U.S. 1 (1973)(inequality of financial support by counties)
Plyler v. Doe, 457 U.S. 202 (1982)(legality of denial of education for children of
undocumented aliens)
Affirmative Action and the use of race
United States v. Virginia, 518 U.S. 515 (1996)(availability of equal program for women)
Department of Education Regulations permitting same sex classes -
71 Fed. Reg. 62530-62543 (October 25, 2006)
Higher Education:
Grutter v. Bollinger, 123 S. Ct. 2325 (June 23, 2003)(diversity and application of strict
scrutiny)
Gratz v. Bollinger, 123 S.Ct. 2411 (June 23, 2003)(same)
Elementary and Secondary Education:
Parents Involved in Community Schools v. Seattle School District No. 1, Meredith v.
Jefferson County Board of Education, Nos. 05-908, 05-915 (S. Ct. June 28,
2007)(use of race to compel integration)
prohibition of discrimination on the basis of sex in educational programs
receiving federal financial assistance)
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)(harassment)
Cohen v. Brown University, 101 F3d 155 (1st Cir. 1996)(sports under Title IX)
Communities for Equity v. Michigan High School Athletic Ass’n, 178 F.Supp.2d 805
(W.D.Mich. 2001)(nontraditional seasons for women’s sports under Title IX and
14th Amendment)
(1982) (legal standard)
Polk v. Central Susquehanna Intermediate Unit 16, 853 F.2d 171 (3d Cir. 1988) (legal
standard)
Honig v. Doe, 484 U.S. 305 (1988) (“stay-put” provision)
Cedar Rapids Community School District v. Garrett F., 526 U.S. 66 (1999) –
related services
Knable ex rel. Knable v. Bexley City School Dist., 238 F.3d 755 (6th Cir. 2001) -
creation of Individualized Education Program
L.B. ex rel K. B. v. Nebo School District, 379 F.3d 966 (10th Cir. 2004) –
inclusion and Least Restrictive Alternative
Schaefer v. Weast, 546 U.S. 49 (2005) – burden of proof
Winkelman ex rel Winkelman v. Parma City Schools, 550 U.S. 516 (2007) –
rights of parents under IDEA
Fitzgerald v. Fairfax County School Board, 556 F.Supp.2d 543 (E.D.Va. 2008)(discipline
and manifestation hearing under IDEA)
Forest Grove School District v. T.A., 557 U.S. 2484 (2009)
Payne v. Peninsula School District, 653 F.3d 863 (9th Cir. 2010)(en banc)(constitutional
claim against school district for abuse of student with disabilities)
Section 504 of the Rehabilitation Act of 1974, 20 U.S.C. 794-794a
United States v. Board of Trustees for the University of Alabama, 908 F.2d 740 (11th Cir.
1990)(provision of sign-language interpreters for college students under 504)