Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder Over Anonymous Sticky Notes
September 15, 2020
by Devin R. Bates
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore anonymously posted a sticky note on a bathroom mirror referencing her school’s…
Arkansas School's Restriction on Student Speech Found "Unreasonable" by Eighth Circuit
September 11, 2020
by Devin R. Bates
An Arkansas school had an unwritten policy of restricting tabling to registered student organizations and school departments. At least generally, there was no problem with this policy. However, as applied to one particular group, the Eighth Circuit recently held that the policy’s distinction…
When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit
March 4, 2020
by Devin R. Bates
In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later search uncovered candy right where the student said it would be. A search…
How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.
February 10, 2020
by Devin R. Bates
Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents[1] the right to access their child’s education records under the Family Educational…
School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found
December 30, 2019
by Devin R. Bates
A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”) to address a student’s behavior deficits. Under the IDEA, this…