Education Law

Dist. Ct. did not err in granting defendants-school district administrators’ motion for summary judgment in Title VI and Title IX action, alleging that defendants failed to take appropriate steps to protect plaintiff-middle school student from bullying/physical assaults by her classmates. Plaintiff failed to establish that defendants were deliberately indifferent to physical harassment that plaintiff endured, where: (1) defendants responded to two observed incidents of physical assaults by directing classmates to cease said conduct and calling parents of said classmates; (2) defendants conducted full investigation of known incidents; and (3) school principal informed plaintiff’s parents of his recommendation to expel said classmates. Moreover, due to discretion given to defendants’ disciplinary decisions, plaintiff was not entitled to any specific remedial measures, and fact that defendants did not provide plaintiff with safety plan or grant her request to transfer to different school did not require different result in case.

Dist. Ct. did not err in granting defendant-school board's motion to dismiss plaintiff-tenured teacher's section 1983 action alleging that defendant violated plaintiff’s due process rights by laying her off from her position without offering her opportunity to transfer to vacant positions for which she was qualified, and by hiring non-tenured teachers to fill said positions. Ct. rejected plaintiff’s claim that her tenured status provided her with interest in transferring to said vacant positions that was protected by due process clause since no such interest was established in Illinois statutes.