School & District Management News in Brief

High Court Refuses Case on Criticism of Superintendent

By Mark Walsh — May 20, 2008 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court declined last week to hear the appeal of an Ohio superintendent in a lawsuit brought by a parent who says she faced retaliation for publicly criticizing the school district’s treatment of her daughter, who has diabetes.

The court’s refusal without comment to hear the appeal in Evans v. Jenkins (Case No. 07-1210) means that the parent’s suit will go forward on a First Amendment retaliation claim.

A three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, had ruled unanimously in January for reinstating the First Amendment claim brought by Shara Jenkins against Lloyd Evans, the superintendent of the Rock Hill district in Ironton, Ohio, and the 1,780-student district itself. The appeals court said Ms. Jenkins may have a valid claim that the superintendent had retaliated against her for public criticisms she made that were protected by the First Amendment. The appeals court upheld the dismissal of certain other claims in the suit.

Dispute Over Insulin

The case arose out of a dispute over whether a school nurse would administer insulin shots to Ms. Jenkins’ daughter and an allegation from the mother that the superintendent had tried to bar the student from the school. Ms. Jenkins wrote a letter to a local newspaper criticizing her daughter’s school, and she filed a complaint with the U.S. Department of Education’s office for civil rights, according to court papers. After that, her suit contends, someone in the district filed a complaint about Ms. Jenkins with the local children’s-services agency.

In an appeal of the 6th Circuit decision, lawyers for the superintendent sought to convince the Supreme Court that there was a split among the federal circuit courts over whether a parent’s criticism of public school officials must be on a matter of public concern for it to be considered speech protected by the First Amendment.

Providing parents with constitutional protection for “purely private” complaints “greatly interferes with a public school’s ability to operate efficiently and effectively,” Mr. Evans’ appeal argued.

The Supreme Court’s refusal to hear the appeal is not a decision on the merits of the case, but it does mean that Ms. Jenkins will be able to pursue the First Amendment claim at the trial-court level.

See Also

For more stories on this topic see Law and Courts.

A version of this article appeared in the May 21, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Climb: A New Framework for Career Readiness in the Age of AI
Discover practical strategies to redefine career readiness in K–12 and move beyond credentials to develop true capability and character.
Content provided by Pearson

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management Explainer The 4-Day School Week: What Research Shows About the Alternative Schedule
More schools have shifted to the four-day week. How common is it? Does it save money and attract teachers?
7 min read
Fifth-grader Willow Miller raises the U.S. and Nevada flags in a daily flag-raising ceremony to start the school day in Good Springs, Nev., on March 30, 2022. Teacher Abbey Crouse assists at right. The school, along with an elementary, middle and high school in neighboring Sandy Valley, are the only schools in the mostly urban Clark County School District to meet just four days a week.
A student raises the U.S. and Nevada flags to start the school day on March 30, 2022, in Goodsprings, Nev., where the elementary school meets four days week. A growing number of schools have turned to four-day weeks over the past two decades, sometimes for budget reasons, other times for teacher recruitment and retention. But the payoff isn't always clear-cut.
Steve Marcus/Las Vegas Sun via AP
School & District Management What's Your Educator Wellness Score? Here's How to Find Out
We curated a fun way for you to take care of yourself as you worry about students, colleagues, and your school.
1 min read
Image of a zen garden and with a rock balancing sculpture.
Canva
School & District Management Not Every Assistant Principal Wants the Top Job: 5 Views From the Field
Promotions are welcome. But assistant principals don’t plan their lives around it.
2 min read
School & District Management Superintendents Increasingly Report Economic Pressures on Their Districts
Nevertheless, most superintendents hope to remain in their current roles next year, a new survey finds.
3 min read
AASA National Conference on Education attendees and exhibitors arrive for registration before the start of the conference at the Music City Center in Nashville, Tenn. on Feb. 11, 2026.
Attendees arrive before the start of the AASA National Conference, which hosted scores of superintendents and district leaders, in Nashville, Tenn., on Feb. 11, 2026. The organization's new survey indicates that most superintendents want to stay put for now.
Kaylee Domzalski/Education Week