Special Education

Supreme Court Declines to Hear Appeals on Religious Murals, Special Education

By Andrew Trotter — October 11, 2005 3 min read
  • Save to favorites
  • Print

A First Amendment challenge to a principal’s power to alter religious murals and a complaint by parents in a special education dispute over their child’s reassignment to another school were two appeals out of hundreds of cases that the U.S. Supreme Court turned away at the start of its new term last week.

The high court denied requests to review lower-court decisions in those cases, allowing the rulings to stand as the law in their courts’ jurisdictions.

Denial is the fate of the vast majority of appeals to the Supreme Court. In recent years, the court typically has accepted only about 80 cases per term, out of more than 8,000 petitions filed annually.

Though Chief Justice John G. Roberts Jr. announced the issuing of last week’s denials of review, he did not participate in the voting on the petitions, which took place last month before he joined the court.

One of the rejected education-related appeals involves First Amendment free-speech issues arising at Boca Raton Community High School in the 177,000-student Palm Beach County, Fla., district.

In 2002, the principal there invited a student leadership class to organize a mural project to decorate plywood panels that had been installed around areas of the school that were being renovated.

After some students painted murals with religious references, including to God and Jesus, the principal concluded that the murals were disruptive to the educational process and directed the supervising teacher to ask one of the students, Sharah Harris, to paint over religious elements she had painted on her own murals.

Harris’s mother, Shelda Harris Bannon, sued on her daughter’s behalf, claiming that the school’s requirement that she paint over her murals was censorship that also subjected Harris to public ridicule because of her religious beliefs.

Both a federal district court and the U.S. Court of Appeals for the 11th Circuit, in Atlanta, held that the principal had editorial control over the murals, because they were school-sponsored speech that could be considered part of the curriculum and had the appearance of school endorsement..

The justices declined without comment on Oct. 3 to hear the family’s appeal in Bannon v. School District of Palm Beach County (Case No. 04-1207).

IDEA Appeal

The special education case rejected last week was brought by the parents of a child with a disability who objected to a Louisiana school district’s decision to move the boy’s education program from his neighborhood school to another one without going through the procedure for amending an individualized education program under the federal Individuals with Disabilities Education Act.

The 17,000-student Ascension Parish district argued that a change in location did not constitute a “change in placement” under the federal law, a view upheld by a state review panel, a federal district court, and the U.S. Court of Appeals for the 5th Circuit, in New Orleans. But the parents argued in their appeal that the federal Department of Education’s IDEA regulations favor assignments to students’ neighborhood schools over other facilities.

The parents urged the Supreme Court to resolve what it called a conflict between the Education Department’s view and that taken by the 5th Circuit court. But the justices declined to hear the appeal in Veazey v. Ascension Parish School Board (No. 04-1683)

Another appeal denied by the Supreme Court last week stemmed from a lawsuit by Patrick Barrett, a substitute teacher in the Steubenville, Ohio, school district, claiming that his parental rights were violated when the district’s superintendent, Richard Lucci, allegedly told him he would not receive a permanent teaching position because he had transferred his son from a public high school in the city to a Catholic school.

The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, ruled that, because Mr. Barrett had a constitutional right to direct the education of his child, the superintendent did not have qualified immunity from the teacher’s suit.

The Supreme Court declined without comment to hear the superintendent’s appeal in Steubenville City Schools v. Barrett (No. 04-1409).

A version of this article appeared in the October 12, 2005 edition of Education Week as Supreme Court Declines to Hear Appeals On Religious Murals, Special Education

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
Assessment Webinar
The State of Assessment in K-12 Education
What is the impact of assessment on K-12 education? What does that mean for administrators, teachers and most importantly—students?
Content provided by Instructure
Jobs January 2022 Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and other jobs in K-12 education 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
Reading & Literacy Webinar
Proven Strategies to Improve Reading Scores
In this webinar, education and reading expert Stacy Hurst will provide a look at some of the biggest issues facing curriculum coordinators, administrators, and teachers working in reading education today. You will: Learn how schools
Content provided by Reading Horizons

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

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
Special Education Whitepaper
When is it Dyslexia? Assessing Early Indicators.
Download your copy of this white paper to learn how early assessments can help improve student outcomes.
Content provided by Voyager Sopris Learning
Special Education Florida Changed Rules for Special Education Students. Why Many Say It’s Wrong
The new rule contains a more specific definition of what it means to have a “most significant cognitive disability.”
Jeffrey S. Solochek, Tampa Bay Times
7 min read
Richard Corcoran, the Commissioner of the Florida Department of Education sits next to Florida Department of Education Board Chair Andy Tuck as they listen to speakers during Thursday morning's Florida Department of Education meeting. The board members of the Florida Department of Education met Thursday, June 10, 2021 at the Florida State College at Jacksonville's Advanced Technology Center in Jacksonville, Fla. to take care of routine business but then held public comments before a vote to remove critical race theory from Florida classrooms.
Richard Corcoran, Florida’s education commissioner, and Andy Tuck, the chair of the state’s board of education, listen to speakers at a meeting  in June.
Bob Self/The Florida Times-Union via AP
Special Education 6 Ways to Communicate Better With Parents of Students With Learning Differences
For students who learn or think differently, a strong network of support is key. Here are 6 tips for bridging the communication gap between families and schools.
Marina Whiteleather
3 min read
network of quote bubbles
cagkansayin/iStock/Getty
Special Education New York City Will Phase Out Controversial Gifted and Talented Program
The massive change is aimed at addressing racial disparities in the biggest school system in the country.
Michael Elsen-Rooney, New York Daily News
4 min read
Students write and draw positive affirmations on poster board at P.S. 5 Port Morris, an elementary school in The Bronx borough of New York on Aug. 17, 2021. New York City will phase out its program for gifted and talented students that critics say favors whites and Asian American students, while enrolling disproportionately few Black and Latino children, in the nation's largest and arguably most segregated school system.
Students write and draw positive affirmations on poster board at P.S. 5 Port Morris, an elementary school in The Bronx borough of New York on Aug. 17, 2021. New York City will phase out its program for gifted and talented students that critics say favors whites and Asian American students, while enrolling disproportionately few Black and Latino children, in the nation's largest and arguably most segregated school system.
Brittainy Newman/AP