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
Literacy Success: How Districts Are Closing Reading Gaps Fast
67% of 4th graders read below grade level. Learn how high-dosage virtual tutoring is closing the reading gap in schools across the country.
Content provided by Ignite Reading
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
Artificial Intelligence Webinar
AI and Educational Leadership: Driving Innovation and Equity
Discover how to leverage AI to transform teaching, leadership, and administration. Network with experts and learn practical strategies.
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
School Climate & Safety Webinar
Investing in Success: Leading a Culture of Safety and Support
Content provided by Boys Town

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 Spooked by Halloween, Some Schools Ban Costumes—But Not Without Pushback
Schools are tweaking Halloween traditions to make them more inclusive to all students.
4 min read
A group of elementary school kids sitting on a curb dressed in their Halloween costumes.
iStock/Getty
School & District Management Schools Take a $3 Billion Hit From the Culture Wars. Here’s How It Breaks Down
Culturally divisive conflicts in schools have led to increased legal and security costs, as well as staff time spent on the fallout.
4 min read
Illustration of a businessman with his hands on his head while he watches dollars being sucked down into a dark hole.
DigitalVision Vectors
School & District Management Opinion The Blind Spot More Educators Need to Recognize
A simple activity in a training session caused a chain reaction that strengthened an educator's leadership for decades to come.
5 min read
Screen Shot 2024 10 29 at 9.19.10 AM
Canva
School & District Management How the Culture Wars Are Costing Schools Billions
Schools have increasingly been at the center of conflict in recent years, and it takes a financial toll. A new analysis quantifies it.
5 min read
Large X with 4 different icons represented on each side: Clock, Laptop showing an exclamation mark, a police officer, and a hand holding a magnet attracting a person.
Canva