Justia Government & Administrative Law Opinion Summaries

Leetaru, a graduate student at and former employee of the University of Illinois, sought to enjoin the University from taking further action in an investigation of him, as a student, regarding allegations that he violated the University’s “Policy and Procedures on Academic Integrity in Research and Publication.” Leetaru alleged that the defendants failed to comply with the University’s rules and regulations governing student discipline and that their actions exceeded their lawful authority, were arbitrary, resulted in a gross injustice, and deprived him of due process. The circuit court dismissed, finding that exclusive jurisdiction lay in the Court of Claims. The appellate court affirmed. The Illinois Supreme Court reversed, citing the right to seek injunctive relief in circuit court to prevent unauthorized or unconstitutional conduct by the state, its agencies, boards, departments, commissions and agents, or to compel their compliance with legal or constitutional requirements, which includes actions to require compliance with administrative rules and regulations. Leetaru’s claims may proceed in circuit court without offending principles of sovereign immunity. Leetaru does not question the right of defendants to investigate research misconduct, but only claims that in investigating misconduct, defendants are obligated to adhere to policies and procedures promulgated by the University and that they have failed to do so. View "Leetaru v. Bd of Trs. of the Univ. of Ill." on Justia Law

Plaintiffs in these consolidated appeals were two local educational agencies in California, a school district and a county office of education. In separate actions, Plaintiff sued the California Department of Education in federal court alleging that, in resolving disputes between parents and the school districts, the Department routinely violated certain procedural requirements imposed by the Individuals with Disabilities Education Act (IDEA) and its implementing regulations. The district court dismissed the actions, concluding that Plaintiffs lacked a statutory right of action to seek declaratory and injunctive relief regarding alleged violations of procedural requirements imposed by the IDEA. The Ninth Circuit affirmed, holding that school districts lack a right of action to challenge a State’s non-compliance with the IDEA’s procedural protections in the context of complaint resolution proceedings. View "Fairfield-Suisun Unified Sch. Dist. v. Cal. Dep’t of Educ." on Justia Law

The issues presented in three appeals (consolidated for review) were ones of first impression to the Alabama Supreme Court regarding the state Accountability Act (AAA). Plaintiffs Daniel Boyd (superintendent of the Lowndes County Public School System), Anita Gibson (a teacher and president of the Alabama Education Association) and Senator Quinton Ross, Jr. (representative of the 26th District) sued Julie Magee in her official capacity as the Commissioner of Revenue, and Thomas White, Jr. in his official capacity as the state Comptroller. Plaintiffs challenged the constitutionality of the AAA under certain provisions of the Alabama Constitution of 1901 that allowed the substitution of House Bill (HB 84), the creation of certain tax credits, the appropriation of funds for those credits, the repeal of certain tax credits, and the creation of new debt - all in relation to education funding in the State of Alabama. The circuit court entered an order in favor of plaintiffs as to their first eight counts in their complaint. With regard to Counts IX and X, the court concluded the issues were moot. The circuit court then enjoined enforcement of the AAA. The State defendants moved to stay the circuit court order, then appealed. The Supreme Court, after careful consideration of the legislation at issue and the circuit court's order, affirmed in part, reversed in part and remanded. The Court found: (1) no subsequent act of the Legislature mooted any issue presented here; and (2) the AAA was constitutional with regard to all of plaintiffs' allegations that it was not. The case was remanded for further proceedings on those issues deemed moot by the circuit court; the court was affirmed in all other respects. View "Magee v. Boyd" on Justia Law

C.W. was eligible for special education services and was in a special day class within the Capistrano Unified School District. K.S. consented to an occupational therapy assessment for C.W. K.S. then requested an independent assessment at public expense based on her disagreement with the occupational therapy report. The District denied the request and then initiated a due process hearing before an administrative law judge (ALJ). The ALJ concluded that the District’s assessment was appropriate. K.S. appealed, claiming violations of the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), 42 U.S.C. 1983, and Rehabilitation Act. The federal district court affirmed the ALJ’s decision and awarded the District attorney’s fees and costs. The Ninth Circuit affirmed in part and reversed in part, holding (1) the ADA and section 1983 claims were frivolous, and therefore, the district court correctly awarded attorney’s fees and costs for representation relating to those claims; but (2) the IDEA and Rehabilitation Act claims were not frivolous and/or brought for an improper purpose, and therefore, the district court erred in awarding attorney’s fees and costs related to the litigation of those claims. View "C.W. v. Capistrano Unified Sch. Dist." on Justia Law

A student-athlete was ejected from a high school football game for allegedly committing a flagrant personal foul. Because the West Virginia Secondary School Activities Commission (SSAC) does not allow participation in the game following an ejection, the student-athlete was suspended from playing in the next game. The SSAC refused to review the student-athlete’s administrative appeal, instead invoking its non-review of ejections rule. The student-athlete sought a temporary restraining order and preliminary injunction from the circuit court, arguing that the SSAC’s non-review of ejections rule violated the Legislature's requirement that the SSAC provide a “proper review procedure.” The circuit court enjoined the SSAC from enforcing its penalty against the student-athlete, finding that that the SSAC violated the Legislature’s requirement that the SSAC provide a proper review procedure. The SSAC sought a writ of prohibition to halt enforcement of the circuit court’s order. The Supreme Court denied the requested writ, holding that the SSAC’s non-review of ejections rule violates the Legislature’s requirement that the SSAC provide a proper review procedure. View "State ex rel. W. Va. Secondary Sch. Activities Comm’n v. Circuit Court" on Justia Law

Resident taxpayers of Lemont-Bromberek Combined School District 113A filed three taxpayer derivative actions on behalf of the District, asserting that certain officers and employees of the District and current and former members of its board of education had improperly transferred money from the District’s Working Cash Fund, in violation of the School Code (105 ILCS 5/20-1). Plaintiffs also sought recovery against the surety that issued the bond for the District’s treasurer and against the accounting firm that performed audits of the District’s finances. The circuit court of Cook County dismissed. The appellate court and Illinois Supreme Court affirmed. To seek recovery under section 20-6 for the unlawful diversion of funds or for breach of fiduciary duty, a plaintiff must allege that money improperly transferred from the Working Cash Fund was used for an improper purpose, resulting in an actual loss to the school district. View "Lutkauskas v. Ricker" on Justia Law

Plaintiffs filed suit challenging the constitutionality of New York State's requirement that all children be vaccinated in order to attend public school. The statute provides two exemptions from the immunization mandate: a medical exemption and a religious exemption. Rejecting plaintiffs' substantive due process, free exercise of religion, equal protection, and Ninth Amendment challenges, the court concluded that the statute and regulation are a constitutionally permissible exercise of the State's police power and do not infringe on the free exercise of religion. The court further concluded that plaintiff's remaining arguments are either meritless or waived. Accordingly, the court affirmed the district court's grant of defendants' motion to dismiss. View "Phillips v. City of New York" on Justia Law

Mrs. Bridgewater, a Fishers Adolescent Catholic Enrichment Society, Inc. (FACES) member parent, filed a complaint with the Indiana Civil Rights Commission, alleging that FACES refused a reasonable accommodation for her allergic daughter by not serving her beef instead of chicken at a social event, therefore discriminating against her due to her disability. FACES subsequently expelled the Bridgewater family. Mrs. Bridgewater then filed a second complaint with the Commission, alleging that FACES unlawfully retaliated against her family for filing the disability discrimination claim. FACES filed a motion to dismiss on the basis that the Commission did not have subject-matter jurisdiction because FACES was a religious organization, not an educational one. The Commission denied the motion to dismiss and awarded judgment in favor of Mrs. Bridgewater on the retaliatory discrimination claim. The Supreme Court vacated the Commission’s final order, holding that the Commission lacked authority to take any action other than the dismissal of these claims because the incident giving rise to the claims was not related to education and was thus not within the Commission’s prerequisite statutory authority. Remanded to grant FACES’s motion to dismiss as to both claims. View "Fishers Adolescent Catholic Enrichment Soc’y, Inc. v. Bridgewater" on Justia Law

Michael Doyle submitted to the Town of Falmouth a request pursuant to the Freedom of Access Act (FOAA) seeking to inspect certain cellular telephone bills of the School Department’s former Superintendent. The former Superintendent provided the requested records but redacted the information she considered nonpublic and confidential, exempt from disclosure pursuant to the FOAA, or beyond the scope of Doyle’s request. Doyle appealed, alleging that he was entitled to received unredacted copies of the cellular telephone records. After an in camera review of the unredacted records, the superior court entered judgment in favor of the Town and School Department. The Supreme Court affirmed, holding that the personal telephone numbers of public employees, any information concerning calls other than those related to the Town’s business, and any records containing information about parents’ and students’ telephone numbers were properly redacted from the Town’s response to the FOAA request. View "Doyle v. Town of Falmouth" on Justia Law

In 2012, the North Mac School District adopted a resolution of intent to issue working cash bonds in the amount of $2,000,000. Bettis filed a petition, seeking to submit the proposition to the voters at the April, 2013 election. Marsaglia and O’Neal filed objections to the petition on seven bases, including that the petition sheets were neither numbered nor securely bound, as required by the Election Code, 10 ILCS 5/28-3. The electoral board sustained the objections. Bettis sought judicial review. The caption of the petition identified only Marsaglia and O’Neal as opposing parties, but Bettis also served, by certified mail, all members of the electoral board, counsel for the board, counsel for the objectors, and the District Secretary. The circuit court dismissed. The appellate court affirmed, noting that the appeal was moot because the election had passed, but holding that failure to serve the electoral board as a separate legal entity required dismissal. The Illinois Supreme Court reversed, stating that courts may not add to or subtract from the requirements listed in the statute, which does not require the naming of parties and does not require that a copy of the electoral board’s decision be attached.View "Bettis v. Marsaglia" on Justia Law