TITLE

Ariz. Districts Ruled to Lack State Immunity In Federal Suits

AUTHOR(S)
Hendrie, Caroline E.
PUB. DATE
October 2003
SOURCE
Education Week;10/8/2003, Vol. 23 Issue 6, p12
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
In a case brought by a school employee who says she was fired after refusing to affix a flag to her wheelchair, a federal appeals court has ruled that Arizona school districts are not immune from lawsuits by individuals seeking damages under federal disability-rights laws. Shelley Savage, who was partially paralyzed in a car accident, was an aide in a high school computer laboratory in 1999 when school administrators asked her to make herself more visible by attaching to her wheelchair a flagpole akin to those on children's bicycles. Ms. Savage sued the Phoenix-area Glendale Union High School District, claiming that the request to use a flag violated the Americans with Disabilities Act and the Rehabilitation Act of 1973. The school system sought to have the case thrown out on jurisdictional grounds, arguing that school districts in Arizona are arms of the state and thus immune from suits for damages under the 11th Amendment to the U.S. Constitution. A U.S. District Court judge in Phoenix disagreed, and last month a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, based in San Francisco, unanimously upheld his ruling.
ACCESSION #
11209640

 

Related Articles

  • Busing. Mathews, John // Education Digest;Mar1977, Vol. 42 Issue 7, p63 

    The article focuses on the U.S. Supreme Court's decision to restrict further the power of federal judges to order widespread busing and school desegregation within a school district. So far this term, the Court has sent back to lower judges cases from Austin, Texas, and Indianapolis, Indiana,...

  • Beware: Judges with a Vision. EPPS, GARRETT // American Prospect;Oct2011, Vol. 22 Issue 8, p40 

    The article discusses the lessons from the story of Minersville School District v. Gobitis and Virginia State Board of Education v. Barnette on the quality of justice, character of judges and role of courts in obstructing social change. It indicates that the current federal branch, especially...

  • Suits. Mathews, John // Education Digest;Sep1978, Vol. 44 Issue 1, p65 

    This article reports that a bill is before the Senate that would strip governmental bodies, like school boards, of their more than century-old immunity from law suits. The U.S. Supreme Court will consider a New York case where teachers are suing a school board for unpaid welfare benefits. And...

  • ACROSS THE NATION: STATES.  // Education Week;10/21/1987, Vol. 7 Issue 7, p2 

    The article offers news briefs on school management in the U.S. District Judge Jeff Bayless in Colorado, ruled on October 2 that a group of 17 parents and eight other taxpayers may proceed with a lawsuit seeking major reforms to equalize spending among the state's school districts. Several...

  • Black, White Miss. Districts Cannot Merge, Appeals Court Rules.  // Education Week;2/6/1991, Vol. 10 Issue 20, p2 

    The article reports on the decision of the U.S. Court of Appeals for the Fifth Circuit on the merger of two Mississippi school districts. The three-judge appellate panel has supported a federal district judge's 1989 denial of the bid by the predominantly black Laurel School District to merge...

  • Inside the Revolt Over Bush's School Rules. Ripley, Amanda; Steptoe, Sonja; August, Melissa; Mustafa, Nadia; Sieger, Maggie // Time;5/9/2005, Vol. 165 Issue 19, p30 

    Reports on Utah and other states' resistance to U.S. President George W. Bush's "No Child Left Behind" act (NCLB). Legislature passed in Utah allowing Utah schools to ignore the education bill if its mandates conflict with state priorities or requires state money to meet them; Suit filed by the...

  • SNAPSHOTS.  // Education Week;1/11/2006, Vol. 25 Issue 18, p6 

    This article presents news briefs related to education in the U.S. The Dover, Pennsylvania, school district's policy of treating the concept of intelligent design as an alternative to evolution was relegated to the history books on January 3, 2006. The mother of a former 3rd grader in Prankfort,...

  • Court battle looms over control of LAUSD.  // American School Board Journal;Dec2006, Vol. 193 Issue 12, p12 

    This article reports on the status of political control of the Los Angeles Unified School District (LAUSD) in California. Despite the signing of legislation by California Governor Arnold Schwarzenegger that gives partial control of the second largest school system in the U.S. to Mayor Antonio...

  • Colo. School Officials Get Immunity In Suit Over Finances, Court Rules.  // Education Week;10/4/2006, Vol. 26 Issue 6, p6 

    The article reports that judges for Denver's U.S. Court of Appeals for the 10th Circuit have ruled that seven school board members in St. Vrain Valley, Colorado, and the superintendent should have immunity in a personnel related lawsuit. The decision reverses an earlier court ruling related to...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics