Published Online: January 16, 2009
Published in Print: January 28, 2009

Sex-Bias Remedies Upheld

High Court to Hear Cases on Student Search, IDEA

A U.S. Supreme Court decision last week endorsing a wider range of remedies for sex discrimination in schools is seen as a defeat for school districts.

The court's unanimous ruling that Title IX of the Education Amendments of 1972 is not the exclusive means for suing districts over sex bias was part of a flurry of activity on cases with significance for educators. The court also issued a ruling on immunity from lawsuits for educators and other government officials, and said it would take up appeals dealing with the legality of student searches and private school placements of special education students.

In the Title IX case, the justices ruled that the 1972 statute does not bar victims of sex discrimination in schools from pursuing claims under the federal statute known as Section 1983, a Reconstruction-era law that allows plaintiffs to sue any individual who violates their civil rights under color of law. In some cases, the statute may offer wider protections than Title IX, which bars sex discrimination in federally...

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