School Business Affairs February 2020

38 FEBRUARY 2020 | SCHOOL BUSINESS AFFAIRS asbointl.org LEGAL ISSUES The Davis Court explained that as recipients of federal financial assis- tance, school boards “are properly held liable in damages only when they are deliberately indifferent to sexual harassment, of which they have actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school” (p. 650). Conclusion As noted, identifying key cases and quotes can be somewhat subjective. Even so, this column focused on cases from a variety of areas that are typically cited as precedent set- ting for the important principles they enunciated. It is my hope that the cases reviewed in this column can serve as a good refresher for SBOs, board members, and other educational leaders who are famil- iar with Education Law and/or as a good starting point for those who are working to become more knowl- edgeable about how this crucial topic impacts daily practice in their professional lives. References American Legion v. American Humanist Ass’n , 139 S. Ct. 2067 (2019). Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley , 458 U.S. 176 (1982). Brown v. Board of Educ., Topeka, Ks. , 347 U.S. 483 (1954). Davis v. Monroe Cnty. Bd. of Educ. , 526 U.S. 629 (1999), on remand , 206 F.3d 1377 (11th Cir. 2000). Espinoza v. Montana Dep’t of Revenue , 435 P.3d 603 (Mont. 2018), cert. granted , 139 2777 S. Ct. (2019). Gebser v. Lago Vista Indep. Sch. Dist. , 524 U.S. 274 (1998). Goss v. Lopez , 419 U.S. 565 (1975). Hazelwood Sch. Dist. v. Kuhlmeier , 484 U.S. 260 (1988). Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. Keyes v. School Dist. No. 1, Denver, Colo. , 413 U.S. 189 (1973). Lemon v. Kurtzman , 403 U.S. 602 (1971). Martinez v. Bynum , 461 U.S. 321 (1983). Minersville Sch. Dist. v. Gobitis , 310 U.S. 586 (1940). Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary , 268 U.S. 510 (1925). New Jersey v. T.L.O. , 469 U.S. 325 (1985). San Antonio Indep. Sch. Dist. v. Rodri- guez , 411 U.S. 1 (1973). Tinker v. Des Moines Indep. Cmty. Sch. Dist. , 393 U.S. 503 (1969). Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681. West Virginia State Bd. of Educ. v. Bar- nette , 319 U.S. 624, 642 (1943). Charles J. Russo is Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), director of SEHS’s Ph.D. program in educational leadership, and research professor of law in the School of Law at the Univer- sity of Dayton, Ohio. Email: crusso1@ udayton.edu SAVE THE DATE! Gaylord Opryland • October 2–5, 2020 E ANNUAL CONFERENCE &EXPO ASBO INTERNATIONAL STRATEGIC PARTNERS

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