On September 18, 2006, the Court issued an opinion finding that the district had abridged the plaintiff student’s First Amendment free speech rights, but granted the district’s motion for summary judgment on other grounds. 's ability to fully enjoy the educational opportunities of his school. For more information, please see this press release. Summary: The Court reversed and remanded the Sixth Circuit Court of Appeals. This desegregation case involves the Longview Independent School District ("LISD") in Longview, Texas, which was ordered by the District Court for the Eastern District of Texas to desegregate on August 27, 1970. The United States filed a response to the show cause order that identified problems with the ELL programs and recommended continued reporting by the SFUSD, additional on-site visits of the ELL programs, and the development of an updated Master Plan for ELL programs. Justice Alito, joined by Justices Thomas and Gorsuch, filed a dissenting opinion.). Shortly thereafter, the district court issued an opinion denying the Hoffman plaintiffs' motion for a preliminary injunction. In 1997, the district court held that the same vestiges identified in 1993 still existed in 1997, and it ordered the State and City to fund a remedial plan known as EIP II. On June 24, 2015, the parties jointly filed a motion and supporting memo seeking court approval of the MCD. Justice Thomas filed a concurring opinion). On November 25, 2008, the Section and the Somerville School District entered into a settlement agreement addressing concerns raised by the Section including specific provisions requiring: adequate registration, identification, and placement of all ELLs; ongoing training of all personnel involved in the registration, identification, and placement process; maintenance of a database of qualified and available translation and interpretation services; sufficient and appropriate instruction for ELLs; development of an English Language Development (ELD)/English as a Second Language (ESL) curricula; qualified and trained teachers of ELLs; the provision of adequate materials; appropriate special education services and language services for ELLs who are eligible for both services; careful monitoring of current and exited ELLs; and evaluation of the district’s ELL program. Decision is available here: https://www.supremecourt.gov/opinions/19pdf/18-8369_3dq3.pdf, Nasrallah v. Barr, (7-2 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan and Gorsuch on June 1, 2020. The Section, in collaboration with the U.S. Attorney’s Office in the Eastern District of Pennsylvania and the Pennsylvania Human Relations Commission, is currently monitoring the defendants’ performance under the action plan to ensure that there is no recurrence of the events that gave rise to the complaint. Having provided the public appropriate notice and an opportunity to submit comments pursuant to a court-approved schedule, the United States and the school district filed a Joint Motion and Memorandum of Support on December 14, 2018, to declare the District partially unitary with respect to desegregation of staff and the following quality of education areas governed by the 2003 Order: academic achievement, advanced course offerings and enrollment, special education program, and student dropouts. The parties anticipate the agreement will remain in place through 2021. For additional information on the superseding consent order, please see this press release. In this matter involving the Ganado Unified School District in Arizona, the Section conducted a review to determine whether the district was providing appropriate services to English Language Learner (“ELL”) students as required by the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. In December 2000, the district court entered an order establishing a bi-racial advisory committee. Under the terms of the agreement, the district agreed to take a variety of steps to prevent sexual and gender-based harassment at all of its schools, to respond appropriately to harassment that occurs, and to eliminate the hostile environment resulting from harassment. On June 4, 2007, the school district and the United States entered into a settlement agreement outlining the measures that the school district will take to ensure its compliance with the EEOA. Recent Supreme Court Case Summaries 2019. The Court held the Governmentâs acquisition of Carpenterâs cell-site records was a Fourth Amendment search and required a warrant supported by probable cause. The agreement resolves a complaint filed in October 2011. 1982), is a landmark decision by the United States Court of Appeals for the Second Circuit interpreting the Third Amendment to the United States Constitution for the first time. The United States filed a motion to participate as amicus curiae in this matter, as the United States is charged with enforcement of Title IV of the Civil Rights Act of 1964, which authorizes the Attorney General to seek relief if a school deprives students of the equal protections of the laws. The United States will monitor compliance with the terms of the agreement. On June 26, 2018, the Section and the District entered into an out-of-court settlement agreement outlining the steps that the District will take to resolve the issues identified by the United States and ensure the District’s compliance with Section 1703(f) of the EEOA. v. Kansas State University. On May 31, 2019, the District and the United States entered into an out-of-court, On July 1, 2016, the Section and the United State Attorney’s Office for the District of Kansas filed two statements of interest to assist the U.S. District Court for the District of Kansas with evaluating the Title IX sexual assault claims in, Presidential Commission on Law Enforcement, entered into a settlement agreement with PDE, June 30, 2016, the parties finalized an amendment, Campbell v. St. Tammany Parish School Board, Communities for Equity v. Michigan High School Athletic Association, Coppedge & United States v. Franklin County Board of Education, Cowan & United States v. Bolivar County Board of Education No. ------------------------------------------------. This emphasis on pre-referral intervention services resulted in substantial changes over the six years of implementing the consent decree. For more information, please see this press release. Chief Justice Roberts, joined by Justices Alito and Kavanaugh, filed a dissenting opinion. Share sensitive information only on official, secure websites. The consent order retains judicial supervision over the area of student assignment--including the implementation and expansion of the M-to-M program, anticipated changes to school attendance zones, and student disciplinary practices--through the 2019-20 school year. The court approved the settlement agreement on March 29, 2010. ), /content/aba-cms-dotorg/en/groups/criminal_justice/resources/case_updates, https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf, https://www.scotusblog.com/wpcontent/uploads/2020/06/061520zor_f2bh.pdf, https://www.supremecourt.gov/opinions/19pdf/18-8369_3dq3.pdf, https://www.supremecourt.gov/opinions/19pdf/18-1432_e2pg.pdf, https://www.supremecourt.gov/opinions/19pdf/18-6943_k5fm.pdf, https://www.supremecourt.gov/opinions/19pdf/18-5924_n6io.pdf, https://www.supremecourt.gov/opinions/19pdf/18-556_e1pf.pdf, https://www.supremecourt.gov/opinions/19pdf/18-6135_j4ek.pdf, https://www.supremecourt.gov/opinions/19pdf/17-834_k53l.pdf, https://www.supremecourt.gov/opinions/19pdf/18-7739_9q7h.pdf, https://www.supremecourt.gov/opinions/19pdf/18-935_3dq3.pdf, https://www.supremecourt.gov/opinions/19pdf/17-1678_m6io.pdf, https://www.supremecourt.gov/opinions/19pdf/18-1109_5i36.pdf, https://www.supremecourt.gov/opinions/18pdf/18-6210_2co3.pdf, https://www.supremecourt.gov/opinions/18pdf/17-1672_5hek.pdf, https://www.supremecourt.gov/opinions/18pdf/18-431_7758.pdf, https://www.supremecourt.gov/opinions/18pdf/17-9572_k536.pdf, https://www.supremecourt.gov/opinions/18pdf/17-9560_e2p3.pdf, https://casetext.com/case/gundy-v-united-states-3, https://casetext.com/case/mcdonough-v-smith-5, https://casetext.com/case/quarles-v-united-states-3, https://casetext.com/case/mont-v-united-states, https://casetext.com/case/bucklew-v-precythe-6, https://www.supremecourt.gov/opinions/18pdf/17-1026_2c83.pdf, https://www.supremecourt.gov/opinions/18pdf/17-7505_2d9g.pdf, https://www.supremecourt.gov/opinions/18pdf/18-443_8m58.pdf, https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf, https://www.supremecourt.gov/opinions/18pdf/17-5554_4gdj.pdf, https://www.supremecourt.gov/opinions/18pdf/17-765_2co3.pdf, https://www.supremecourt.gov/opinions/17pdf/16-9493_e0fi.pdf, https://www.supremecourt.gov/opinions/17pdf/17-5639_8m59.pdf, https://www.supremecourt.gov/opinions/17pdf/17-21_p8k0.pdf, https://www.supremecourt.gov/opinions/17pdf/17-5716_jhek.pdf, https://www.supremecourt.gov/opinions/17pdf/17-155_2bo2.pdf, https://www.supremecourt.gov/opinions/17pdf/16-1027_7lio.pdf, https://www.supremecourt.gov/opinions/17pdf/16-1519_o7jp.pdf, https://www.supremecourt.gov/opinions/17pdf/16-8255_i4ek.pdf, https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf, https://www.supremecourt.gov/opinions/17pdf/17-43_m648.pdf, https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf, https://www.supremecourt.gov/opinions/17pdf/16-6855_c18e.pdf, https://www.supremecourt.gov/opinions/17pdf/17-2_1824.pdf, https://www.supremecourt.gov/opinions/17pdf/16-424_g2bh.pdf, Annual Review of the Supreme Court's Term. Endorsed by the Mississippi legislature, the settlement will fund a comprehensive plan over a seventeen-year period aimed at improving academic programs, making capital improvements, and expanding summer programs at the State's historically black colleges and universities. The Section will monitor compliance with this three-year agreement. v. Rhinebeck Central School District and Thomas Mawhinney, a sexual harassment case brought against the Rhinebeck Central School District and the former high school principal Thomas Mawhinney. Kansas v. Garcia*, (5-4 Opinion by Justice Alito, joined by Chief Justice Roberts and Justices Thomas, Gorsuch and Kavanaugh on March 3, 2020. On November 18, 1963, private plaintiffs filed this case complaining that the Gadsden City Board of Education was maintaining a segregated school system. Though school officials knew or should have known of the harassment, they failed to take appropriate steps to address it. The order requires the district to take additional steps to reach full compliance, including adopting measures to promote racial diversity in its faculty and staff, expanding its use of positive behavioral supports and interventions throughout its schools, and revising its student discipline policies and procedures to ensure they are fair, non-discriminatory, and limit the use of exclusionary discipline such as suspensions and expulsions. PUBLISH DATE: TITLE: 27 Nov 2020: Koo Kah Yee v Public Prosecutor  SGHC 261: 24 Nov 2020: Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala ... Supreme Court Judgments. The superseding consent order required the board to implement a school pairing plan to desegregate the four K-5 elementary schools in the board's Ruston attendance zone and to implement revised intra-district student transfer policies. A review of the Somerville School District in Massachusetts concerning the instruction and services provided to English Language Learners (ELLs) revealed the school district was not comporting with the requirements of the Equal Educational Opportunities Act of 1974 (EEOA). To that end, the District has agreed to improve its policies and procedures concerning harassment and discipline as necessary to make them effectively protect students from racial or national origin-based harassment. Ramos vs. Louisiana, (6-3 Opinion by Justice Gorsuch as to Parts I, IIâA, III, and IVâBâ1, joined by Justices Ginsburg, Breyer, Sotomayor and Kavanaugh; Parts II-B, IV-B-2, and V joined by Justices Ginsburg, Breyer and Sotomayor; and Part IV-A joined by Justices Ginsburg and Breyer on April 20, 2020. On July 25, 2016, the parties agreed to an eighteen month extension of the Agreement. The United States intervened in October 2000, alleging that the L'Anse Area Schools subjected Mr. Owen to religious harassment while he was employed by the school district. After conducting numerous interviews and an extensive review of the University's policies, grievance procedures, investigative practices, training, and responses to reports of sexual assault and sexual harassment, DOJ issued a Letter of Findings on April 16, 2016 which identified a number of areas where the University needed to take further steps to ensure compliance with Title IX and Title IV. In this matter involving the Worcester, Massachusetts public school system, the Section conducted a review to determine whether the district was providing appropriate instruction and services to English Language Learner ("ELL") students as required by the Equal Educational Opportunities Act of 1974 ("EEOA"). As a result, their children feared for their safety and several withdrew from the school. According to the U.S. Department of Education’s regulation, 34 C.F.R. On November 30, 2007, the United States filed a motion for further relief asserting that the Evangeline Parish School Board had failed to fully implement an earlier agreed upon school reorganization plan. The Agreement further requires that the District work with the Equity Center to assess its resources and build capacity at individual schools and at the District-level to ensure that all schools have the capacity to implement fully the District’s policies and procedures. The consent decree includes provisions requiring the district to: cease assigning students to classrooms in a manner that creates racially segregated classrooms; conduct an investigation of racial differences in assignment to its gifted and talented program; alter its method for assigning students to honors classes; cease allowing the use of race-conscious policies or procedures in all of its extracurricular activities; and desegregate certain bus routes. In this long-standing school desegregation case, the Jackson-Madison County School Board filed a motion for unitary status in December 1999, asserting that it had complied in good faith with prior desegregation decrees and had eliminated the vestiges of segregation to the extent practicable. This motion and the parties’ cross motions for summary judgment are fully briefed and pending before the court. Defendants asserted that plaintiffs' claims are barred by the Eleventh Amendment. Summary: The Court reversed the Eleventh Circuit Court of Appeals. Justice Alito filed a dissenting opinion, joined by Chief Justice Roberts, and Justice Kagan. This case involves Limited English Proficient (LEP) parents of students with disabilities who allege that the Philadelphia School District intentionally discriminates against them based on national origin by not providing complete and timely translations and interpretations of special education and regular education documents. The consent decree provides for substantial systemic relief and requires the school district to take the following steps: develop and implement a comprehensive plan for addressing and preventing sexual harassment in all district schools; retain an expert consultant in the area of student-on-student harassment to draft and implement a sexual harassment policy and procedures; provide training to administrators, faculty, staff, students and parents on sex-based harassment; select qualified district and school-based equity coordinators to ensure proper implementation of the district's harassment policies and procedures and compliance with Title IX, including prompt investigation, resolution and reporting of sexual harassment complaints and allegations; create procedures for identifying, monitoring, and supervising students with a confirmed history of sexual harassment toward other students; develop and implement policies and procedures for communicating with outside agencies, such as police, hospital and child protection agencies, of allegations of sexual harassment in the district; and submit annual compliance reports to the Division. Justice Sotomayor filed a dissenting opinion in which Justices Breyer, Kagan and Gorsuch joined). While BPS was implementing the 2010 Agreement, OCR and DOJ completed the remainder of their compliance review and negotiated a Successor Agreement with BPS to resolve the additional areas of noncompliance identified in the review. To decrease the number of African-American students in resource classes, the order also required the district to annually evaluate students in resource classes to determine if placement in a regular class would be more appropriate. The district also must certify its compliance with the terms of the order to the United States for a four-year period. After conducting numerous interviews and an extensive review of the College’s policies, grievance procedures, investigative practices, training, student education efforts, and responses to reports of sexual assault, sexual harassment, and retaliation, the Division identified areas where the College needed to take further steps to ensure compliance with Title IX and its regulations. Summary: The Court vacated and remanded the decision of the Court of Appeals for the Sixth Circuit. The District moved for unitary status in November 2001, and the United States thereafter participated in discovery to evaluate the district's progress toward complete desegregation. As summarized in a detailed letter of findings, the departments determined that the harassment, which included ongoing and escalating verbal, physical and sexual harassment by other students at school, was sufficiently severe, pervasive and persistent to interfere with his educational opportunities, and that the school district failed to appropriately respond to notice of the harassment. Further, PDE will ensure that AEDY programs provide EL services by utilizing teachers who hold ESL teaching credentials and by using appropriate materials. In the fall of 2005, the court asked the parties and amici to file position papers on whether the modified consent decree should be dismissed or continued in an altered form. Summaries of all Opinions (including Concurrences and Dissents), in argued and non-argument cases and Orders; certiorari grants for the upcoming Term; a chart of âWho Wrote What;â and a brief Overview of the Term, regarding all Criminal Law and related cases before the U.S. Supreme Court (with clickable links to the cases). In 1996, a panel of the Second Circuit distinguished this precedent and ruled that the State could be held liable for the prior segregation. For more information, please see this press release. McFerren & United States v. County Board of Education of Fayette County. The parties presented the transfer policy as part of a consent decree that was submitted to the federal district court for its consideration and approval. The United States intervened later that year. v. Frenchtown Elementary School District, Owen & United States v. L'Anse Area Schools, Putman v. Board of Education of Somerset Independent Schools, United States & Hearne Independent School District v. Texas, October 8, 2014, the court issued an order, May 21, 2015 approved a negotiated consent order, United States v. Bertie County Board of Education, United States v. Board of Education of Hendry County, joint motion for declaration of partial unitary status and sought court approval of a stipulation, United States v. Board of Education of Milan, United States v. Board of Education of Valdosta City, United States v. Calhoun County School District, United States v. Covington County School District, United States v. Jackson County School Board, United States v. Lincoln Parish School Board, United States v. Lowndes County School District, United States v. Marion County School District, United States v. Port Arthur Independent School District, United States v. Richland Parish School Board, onsent order declaring partial unitary status, United States v. St. Johns County School District, granting the parties’ Joint Motion for Declaration of Partial Unitary Status and for Approval of Stipulation regarding Faculty and Staff Recruiting, Stipulation Regarding Faculty and Staff Recruitment, United States v. School Board of the City of Suffolk. Separately, counsel for Plaintiffs asked the Court to require the school district to provide notice of the proposed changes and invite public comment before dismissing any part of the 2003 Order. Under the terms of the agreement, the district agreed to take a variety of steps to prevent racial harassment at all of its schools, to respond appropriately to harassment that occurs, and to eliminate the hostile environment resulting from harassment. Summary List PlacementNew York Gov. The parties anticipate that the agreement will remain in place through the end of the 2021-22 school year. General jurisdiction cases … The Department of Justice will continue to monitor the District’s compliance with the Court’s orders and federal law. § 2000d, and its implementing regulations by failing to provide special programs designed to rectify the English language deficiencies of students who do not speak or understand English, or are of limited English-speaking ability, and by failing to provide these students with equal access to the instructional program. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.). After the investigation, the United States and the District negotiated and entered a voluntary out-of-court settlement agreement on January 19, 2017. After conducting numerous interviews and an extensive review of the University's policies, grievance procedures, investigative practices, training, and responses to reports of sexual assault, sexual harassment, and retaliation, the Division and OCR identified a number of areas where the University needed to take further steps to ensure compliance with Title IX and Title IV. Based on its review of the district, the Section raised concerns about, among other things: the school district's procedures for screening new students to determine whether they are ELLs; the opportunities that ELLs have to integrate with native speakers of English in a school setting; the extent to which the district's school libraries and media centers are accessible to ELLs; and the academic support provided by the district to ELLs who enroll in general education classes. The university also voluntarily initiated a number of additional programs to address campus climate issues, and the departments will monitor the implementation of those programs to evaluate their impact on resolving the departments' concerns. The court held that MHSAA is subject to Title IX and is a state actor for purposes of 42 U.S.C. The parties anticipate that the agreement will remain in place for three full school years. On December 11, 2006, the district court ruled in favor of the plaintiffs, granting summary judgment. Both defendants and plaintiffs moved for partial summary judgment. The United States initiated this litigation against the Nettleton Line Consolidated School District on September 8, 1969, and the court subsequently approved consent decrees requiring the District to desegregate on December 8, 1969 and June 19, 1970. For more information, please see this press release. On November 22, 2000, the Section filed a memorandum opposing, in part, the school district's motion. To review information regarding a public case, please select one of the case categories below. Summary: The Court affirmed the Arizona Supreme Court. The day after the decree was filed, the school board voted to rescind its consent. On July 1, 2016, the Section and the United State Attorney’s Office for the District of Kansas filed two statements of interest to assist the U.S. District Court for the District of Kansas with evaluating the Title IX sexual assault claims in T.F. The Court ultimately approved the rest of MHSAA's remedial plan, finding that the switching of the remaining sports at issue (soccer, golf, tennis, swimming, and diving) balanced the inequity of nontraditional playing seasons amongst high school boys and girls in Michigan. The consent decree requires the district to implement comprehensive measures to ensure that ELLs have equal opportunities to succeed academically in district educational programs, starting with the proper identification of ELL students when they enter DPS. Summary: The Court vacated and remanded the Texas Court of Criminal Appeals. For more information, please see this press release and the full agreement available in English and Spanish. For more information, please see this press release. On December 11, 2012, following a hearing on the District’s proposed plan, the Court issued an order and opinion, finding that the District's proposal did not meet constitutional requirements and ordering the District to implement a "freedom of choice" plan for its middle and high school students. 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