Case of the Week
Odekirk v. Bellmore-Merrick Cent. School Dist., (N.Y.A.D. 2 Dept.)
March 1, 2010: Torts—Student's injuries sustained while playing floor hockey were not proximately caused by allegedly inadequate supervision.
A high school student's injuries, which were sustained while playing a game of floor hockey during a physical education class and which occurred upon being struck on his left hand by the blade of an opposing player's hockey stick, were caused by an incident that occurred in such a short span of time that it could not have been prevented by the most intense supervision. As such, the school's alleged inadequate supervision was not a proximate cause of the injuries suffered. The incident occurred accidentally and without warning despite the opposing player having swung as he was supposed to.
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Robinson v. Sacred Heart School, (N.Y.A.D. 2 Dept.)
February 16, 2010: Torts—A school was not liable for a student's injuries on a "negligent security" theory.
Roe, ex rel. Callahan v. Gustine Unified School Dist., (E.D.Cal.)
February 1, 2010: Athletics—School district exercised substantial control over players at football camp, as required for student's sexual discrimination and harassment claims.
Johnson v. Edgewood City School Dist. Bd. of Edn., (Ohio App. 12 Dist.)
December 29, 2009: Labor and Employment—Evidence did not support termination of high school teacher who gave embarrassing assignment.
Workman v. Mingo County Schools, (S.D.W.Va.)
November 18, 2009: Religion—County board of education was entitled to Eleventh Amendment immunity.
T.Y. v. New York City Dept. of Educ., (C.A.2 (N.Y.))
October 13, 2009: Disabled Students—Disabled student's individualized education plan (IEP) was neither procedurally nor substantively deficient under IDEA.
S.J. v. Lafayette Parish School Bd., (La.App. 3 Cir.)
September 17, 2009: Torts—School board policy that prohibited bus transportation for students placed in Behavior Clinic violated statutory requirement to provide free transportation to students who lived more than one mile from school.
B.T. ex rel. Mary T. v. Department of Educ., State of Hawaii, (D.Hawaii)
September 9, 2009: Disabled Students—Hawaii Department of Education was required, under IDEA, to provide special education to disabled student until age 22.
M.P. v. Santa Monica Malibu Unified School Dist., (C.D.Cal.)
August 30, 2009: Disabled Students—ALJ erred in finding that student with ADD or ADHD was not eligible for special education and related services.
Elborough v. Evansville Community School Dist., (W.D.Wis.)
August 21, 2009: Civil Rights —District did not have notice of coach's alleged sexually discriminatory acts, as would support Title IX claim
Moran v. Premier Educ. Group, LP, (D.Conn.)
March 6, 2009: Civil Rights—Fact issue as to whether instructor with asthma was disabled under ADA precluded summary judgment on discrimination claim.