Recent Decisions- SUPREME COURT DECISIONS

Journal of Law and Education, October 2007 | Go to article overview

Recent Decisions- SUPREME COURT DECISIONS


Final Decision

DOCKET NO.: 05-983

NAME: Winkelman v. Panama City School District

DATE: May 21st, 2007

Parents sued the Panama City School District under the Individuals with Disabilities Education Act (IDEA), claiming that the individualized education program (IEP) that was created for their son was deficient. The parents lost in an administrative hearing and proceeded (without counsel) to file a complaint in federal district court. The district court ruled in favor of the school district, and on appeal to the sixth circuit the court dismissed the appeal, ruling that the plaintiffs needed to obtain a lawyer. The court ruled that the rights granted under IDEA (to a free and appropriate public education) belong to the child and not the parent. Under the jurisprudence of the sixth circuit, nonlawyer parents cannot litigate IDEA claims on behalf of their child because IDEA does not abrogate the common-law rule prohibiting nonlawyer parents from representing minor children. Held: The Supreme Court ruled that the rights under IDEA are not exclusive to the child. The Supreme Court held that when looking at the statutory scheme of IDEA as a whole, it is clear that parents have independent enforceable rights under the statute. IDEA allows parents to be involved in the creation of a child's IEP, as well as providing parents with independent enforcement rights at the administrative level. As parents clearly have rights under IDEA separate from their children, the Supreme Court ruled that disallowing the enforcement of these rights and those of their children at the federal level would be inconsistent with the purpose of IDEA. Winkelman v. Panama City School District, 127 S.Ct. 1994 (2007).

DOCKET NO.: 06-427

NAME: Tennessee Secondary School Athletic Association v. Brentwood Academy

DATE: June 21st, 2007

Respondent school brought suit against Athletic Association claiming that enforcement of its anti-recruitment rules was the equivalent of state action in violation of the First and Fourteenth Amendments. The Tennessee Secondary School Athletic Association (TSSAA) is a not-for-profit membership corporation organized to regulate interscholastic sports amongst its members. Brentwood Academy is a private school who has voluntarily joined the TSSAA. The football coach at Brentwood sent recruiting letters to certain middle school students who had not yet enrolled at Brentwood. These letters were found to violate the TSSAA anti-recruitment rules and thus after proceeding through two layers of internal TSSAA administrative review Brentwood was sanctioned by the TSSAA. Brentwood claimed that the TSSAA actions was tantamount to state action and thus violated the First and Fourteenth Amendments. The lower courts agreed, ruling that the anti-recruiting rule was a content based regulation of speech that was not narrowly tailored to serve its permissible purposes. Held: The Supreme Court ruled that the TSSAA's regulations were narrowly tailored to enforce the goals of the organization and thus did not violate the First Amendment. The Supreme Court held that Brentwood Academy chose to join the TSSAA, whose goals are to prevent the exploitation of children, to ensure that high school atiiletics remain secondary to academics, and to promote fair competition amongst its members. TSSAA argued that these goals adequately support the enforcement against its member schools of a rule prohibiting coaches from trying to recruit impressionable middle school athletes. The Supreme Court agreed with this reasoning, holding that the First Amendment was not violated by these rules, as they are narrowly tailored to uphold the goals of the voluntary organization. The TSSAA allows for many alternate ways of promoting itself by a member school, including the sending of brochures, posting of billboards, and otherwise advertising their athletic programs. Tennessee Secondary School Athletic Association v. Brentwood Academy, 127 S. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Recent Decisions- SUPREME COURT DECISIONS
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.