Supreme Court: A Preview of the New Term
The 2008-09 term of the U.S. Supreme Court, which formally begins this week, has a docket that includes education-related cases involving employment and sex discrimination, the rights of teachers’ unions, and legal immunity for public officials, including educators. The justices will continue to add cases to be heard during the new term for the next several months. These are among the cases already accepted for review:
In what could be the most significant case for education, the justices will decide whether Title IX of the Education Amendments of 1972 provides the exclusive legal remedy for cases of sex discrimination in public schools.
The parents of a Massachusetts kindergartner who allegedly faced sexual harassment from a 3rd grader on her school bus are seeking to be able to sue school officials under a broader federal civil rights law after their Title IX claim was rejected. Claims brought under Section 1983, which derives from the Civil Rights Act of 1871, typically allege a violation of the equal-protection clause of the 14th Amendment. Such a constitutional claim doesn’t necessarily face the same legal hurdles that...
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