Justia Government & Administrative Law Opinion Summaries

The United States Department of Education (DOE) Secretary decided through an administrative proceeding that International Junior College of Business and Technology, Inc. (International) could not participate in certain federal student financial assistance programs. Specifically, the DOE found that International failed to comply with a requirement that for-private colleges derive at least ten percent of their revenue from some source other than federal student aid (“the 90/10 rule”). International challenged the decision under the Administrative Procedure Act in a Puerto Rico district court. The district court granted the DOE’s motion for summary judgment, thus dismissing the action. The First Circuit affirmed, holding (1) the DOE’s 90/10 assessment was proper; (2) the Secretary did not err in rejecting International’s attempts to cure its 90/10 violation; and (3) the magistrate judge did not err by denying International the chance to conduct discovery. View "Int’l Junior Coll. of Bus. & Tech., Inc. v. Duncan" on Justia Law

Defendant-respondent Barstow Unified School District Board of Education approved closing two of its elementary schools: Thomson Elementary School and Hinkley Elementary School. Students from those schools were transferred to other District “receptor” schools. The District determined that the closures and transfers were exempt from environmental review under the California Environmental Quality Act (CEQA) because they fell within the categorical exemption for “minor additions” to schools. A citizens group, plaintiff-appellant, Save Our Schools (SOS), petitioned the trial court for a peremptory writ setting aside the District’s resolutions approving the closures and transfers and finding them exempt from CEQA. The petition was denied and SOS appealed, claiming: (1) insufficient evidence supported the District’s determinations that the closures and transfers were exempt from CEQA; and (2) if the closures were exempt, then SOS met its burden showing that two exceptions to CEQA’s categorical exemptions applied. After review, the Court of Appeal concluded the administrative record contained insufficient evidence of the “original student capacity” (or total enrollment before the transfers) of any of the receptor schools. It was therefore impossible for the District to determine, based on the record before it, that the closures and transfers would not increase the total student enrollment of any of the receptor schools beyond the levels allowed under the minor additions exemption. The Court of Appeal reversed and remanded the matter with directions to the trial court to issue a peremptory writ (1) voiding the District’s resolutions approving the school closures and student transfers and (2) directing the District to reconsider its determination that the closures and transfers were exempt from CEQA review. On remand, the District may accept and consider additional evidence not before it when it made its original exemption determinations. View "Save Our Schools v. Barstow Unified" on Justia Law

B.S., a 16-year-old with attention deficit hyperactivity disorder, had an individualized education program (IEP). A dispute arose and the parents requested a due process hearing. The parties settled several issues, so the only claim remaining was whether B.S. was entitled to compensatory education services for alleged past denial of a free appropriate public education (FAPE). On the first day of the hearing, B.S.’s counsel spent five hours examining the special education administrator. The district objected, noting the allotted nine hours of time. The ALJ subsequently reminded B.S.'s counsel that the time limit set at the pretrial conference would be enforced, and offered an opportunity to reorder the evidence. B.S. objected to enforcement of the time limits and continued with the lengthy examination of the case manager. B.S's time expired and B.S. was not allowed to question witnesses further or cross-examine district witnesses. B.S. made an informal offer of proof of additional evidence that B.S. had intended to present. After an unfavorable decision, B.S. appealed, also alleging that state defendants established an unpromulgated "best practices" rule restricting the length of testimony in violation of the Due Process Clause. The court dismissed the state defendants, finding that B.S. was challenging only one ALJ's discretionary decision, so the state was not a proper party. The Eighth Circuit affirmed that B.S. did not suffer a legally cognizable injury for which the state could be liable and had not been denied a FAPE. View "B.S. v. Anoka Hennepin Pub. Sch." on Justia Law

The Escambia County Board of Education terminated the employment of John Lambert, a tenured teacher, as the band director at Flomaton High School for leaving a pistol in his school office, which was locked. During the course of his teaching career and military service, Lambert was never charged with neglect of duty, insubordination, or failure to perform duties in a satisfactory manner. Before this incident, no school board had ever taken disciplinary action against Lambert, nor had Scott Hammond, the principal of Flomaton High School, ever disciplined Lambert. Before getting on a bus for a band trip where the students were waiting for Lambert to join them, Lambert placed a small bag on the desk in his office. The bag contained personal items, including clothing, tools, Lambertís checkbook, and 10 20-dollar bills in a folded bank envelope. The bank envelope was in the side pocket of the bag, which was zipped. Lambert placed the bag in his office because he did not want to leave it in his truck overnight while he was away on the trip. According to Lambert, he forgot that a loaded .380 automatic pistol and an additional loaded magazine were in a small case at the bottom of the bag. Both the case containing the pistol and the bag were zipped. The bag was black, and it was impossible to identify the contents of the bag from the exterior of the bag. Lambert, who had a permit for the pistol, testified that both his office door and the door to the band room were locked when he left for the band contest at approximately 8:00 a.m. Around noon that same day, a school custodian notified school administrators that a gun was found on school premises. Only Lambert, the custodian, and the principal had keys to Lambert's office. Lambert acknowledged the pistol was his, and discovered that $80 was missing from the bag. Lambert was placed on administrative leave, then later terminated. He appealed the Board's decision. The Court of Civil Appeals affirmed the decision of the hearing officer. The Supreme Court, however, reversed. "In light of the fact that this Court has resolved, as a material question of first impression, the standard of review a hearing officer is to apply to an employer's decision to terminate the employment of a tenured teacher, we reverse the judgment of the Court of Civil Appeals and remand the cause to that court to, in turn, reverse the judgment of the hearing officer and remand the cause to him with instructions to review the sanction imposed against Lambert under the arbitrary-and-capricious standard of review as that standard [was] articulated in this opinion." View "Ex parte John Lambert." on Justia Law

The Pennsylvania Supreme Court granted review to consider whether the Public School Code of 1949 mandated that a school district provide free transportation to a student from two different residences where the student’s parents share physical custody of the student and both parents reside within the school district. The Commonwealth Court held that the Manheim Township School District must provide transportation to both parents’ residences. After review, the Supreme Court agreed that the School District was required to provide free transportation to and from both parents’ residences in this case. Accordingly, the Court affirmed the Commonwealth Court. View "Watts v. Manheim Twp. School District" on Justia Law

In this case, the parents of an autistic child withdrew him from the Douglas County School District because they believed his educational progress was inadequate. They later sought reimbursement of tuition and related expenses pursuant to federal law that required public schools to reimburse parents if the school could not meet the student's educational needs. The District’s denial of reimbursement was upheld after a due process hearing in administrative court, and that determination was also upheld in federal district court. The Tenth Circuit affirmed, finding sufficient support in the record to affirm the findings of the administrative law judge that the child received some educational benefit while in the District’s care and that is enough to satisfy the District’s obligation to provide a free appropriate public education. View "Endrew F. v. Douglas County School District" on Justia Law

Individuals requested documents under the California Public Records Act (Gov. Code, 6250) from Newark Unified School District. The District inadvertently included 100 documents that, the District contends, are subject to attorney-client or attorney work product privileges. Within hours of the release, the District sent e-mails asking for return of the documents. The recipients cited section 6254.5, contending that inadvertent release had waived the privileges. Under that statute, the disclosure of a document to the public waives any claim by an agency that the document is exempt from release. The District filed suit, seeking return or destruction of the documents. The trial court granted a temporary restraining order preventing dissemination, but ultimately agreed that section 6254.5 effected a waiver of confidentiality. The court of appeal reversed, finding that the legislative history demonstrates the intent to prevent public agencies from disclosing documents to some members of the public while asserting confidentiality as to others. Waiver as a result of an inadvertent release, while not necessarily inconsistent with that intent, was not within its contemplation. To harmonize section 6254.5 with Evidence Code 912, which has been construed not to effect a waiver of the privileges from an inadvertent disclosure, the court construed section 6254.5 not to apply to inadvertent release. View "Newark Unifed Sch. Dist. v. Super. Ct." on Justia Law

The Douglas County School District implemented its Choice Scholarship Pilot Program (CSP), a program that awarded taxpayer-funded scholarships to qualifying elementary, middle, and high school students. Those students could use their scholarships to help pay their tuition at partnering private schools, including religious schools. Following a lawsuit from Douglas County taxpayers, the trial court found that the CSP violated the Public School Finance Act of 1994, as well as various provisions of the Colorado Constitution. The trial court permanently enjoined implementation of the CSP. The court of appeals reversed, holding that: (1) Petitioners lacked standing to sue under the Act; and (2)the CSP did not violate the Colorado Constitution. The Colorado Supreme Court granted certiorari to determine whether the CSP comported with both the Act and the Colorado Constitution. After review, the Court held that Petitioners lacked standing to challenge the CSP under the Act. Further, the CSP violated article IX, section 7 of the Colorado Constitution. Accordingly, the Court reversed the court of appeals' judgment and remanded the case to that court with instructions to remand back to the trial court so that the trial court could reinstate its order permanently enjoining the CSP. View "Taxpayers for Public Education v. Douglas Cty. Sch. Dist." on Justia Law

Kansas developed a school financing scheme that sought to avoid “mak[ing] the quality of a child’s education a function of his or her parent’s or neighbors’ wealth.” Displeased with the outcome of school finance litigation in state court, plaintiffs, parents of students in the relatively wealthy Shawnee Mission School District (“SMSD”), sought federal intervention to upend decades of effort toward establishing an equitable school finance system in Kansas. Adopting a "kitchen-sink approach," they claimed that aspects of the state’s school financing regime violated their rights to free speech, to petition the government, to associate, to vote, to education, to equal protection of the laws, to direct the upbringing of their children, and to dispose of their property. Upon review of plaintiffs' "novel and expansive claims," the Tenth Circuit found no support and affirmed the district court’s orders denying plaintiffs’ motion for a preliminary injunction, granting in part defendants’ motions to dismiss, and denying reconsideration. View "Petrella v. Brownback" on Justia Law

Sheridan Newspapers, Inc. filed a petition requesting release of minutes reflecting discussion by the Board of Trustees of Sheridan County School District #2 of a proposed multi-purpose recreational facility during executive sessions. In response, the Board asserted that the executive sessions were allowed under the Wyoming Public Meetings Act (WPMA), and the minutes were confidential. After reviewing the minutes in camera the district court entered an order granting summary judgment for the Board, concluding that all issues discussed by the Board during executive session were within the framework of what may be kept confidential pursuant to the WPMA. The Supreme Court reversed, holding that the minutes were so vague as to reveal virtually nothing about the Board’s discussions during executive sessions, and therefore, the minutes were not entitled to confidential treatment. Remanded. View "Sheridan Newspapers, Inc. v. Bd. of Trs." on Justia Law