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
College & Workforce Readiness Webinar
The Road to Opportunity: Making CTE Accessible for All
The most valuable CTE happens off campus. For too many students, transportation is the barrier that keeps opportunity out of reach.
Content provided by HopSkipDrive
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
Recruitment & Retention Webinar
New Hire, No Laptop, No Login: Preventing Day-One Disruption
What happens before day one matters. Discover how districts are improving the new hire experience.
Content provided by Frontline Education
Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.

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 Closing a School? Don't Expect to Save Money, a New Study Warns
The hope is that closing schools can reduce fixed costs. A new study looks into whether that happens.
5 min read
This is an aerial shot of a large public high school complex shot on a Sunday with nobody around. This image features multiple buildings, a running track, football fields, baseball diamonds, tennis courts parking lots and a residential neighborhood surrounding the image. Shot from the open window of a small plane.
Illustration by Education Week + Getty
School & District Management Quiz Quiz Yourself: How Much Do You Know About Events and PD for K-12 Educators?
From peer-led sessions to AI training, see how well you understand today’s K-12 professional development priorities.
School & District Management School Board Conflict Surged During the Pandemic. Has It Gone Away?
New research reveals how school boards navigated heightened levels of conflict in recent years.
5 min read
Seminole County, Fla., deputies remove parent Chris Mink of Apopka from an emergency meeting of the Seminole County School Board in Sanford, Fla., Thursday, Sept. 2, 2021. Mink, the parent of a Bear Lake Elementary School student, opposes a call for mask mandates for Seminole schools and was escorted out for shouting during the standing-room only meeting.
Seminole County, Fla., deputies remove parent Chris Mink of Apopka from an emergency meeting of the county school board in Sanford, Fla., Sept. 2, 2021, after he opposed a call for mask mandates and shouted. A new report gives a national picture of how school board conflict, including between boards and their communities, rose during the pandemic.
Joe Burbank/Orlando Sentinel via AP
School & District Management Opinion The 3 Predicable Struggles That Thwart Education Leadership Teams
Even highly capable leadership teams can struggle to translate their strengths into school impact.
4 min read
Screenshot 2026 06 08 at 7.13.09 AM
Canva