“Senioritis” victim sues for college admission

Hillsborough, N.C.: “A Guilford County high school graduate who recorded a perfect SAT score is suing UNC Chapel Hill, alleging the school refused to admit him after his grade point average dropped. Mark Edmonson, a National Merit Scholarship finalist, scored a perfect 1,600 on his SAT last year, but his grade point average fell from 3.8 to 3.5 in his senior year at Northwest Guilford High School. … ‘His senior year grades are C’s, D’s and F’s,’ Ziko said [Thomas Ziko, a lawyer for the state].” (“Student who aced SAT sues UNC for denying entry”, Charlotte Observer, Aug. 20). An earlier acceptance letter from UNC had said, “We expect you to continue to achieve at the same level that enabled us to provide this offer of admission”. Edmonson’s family is beginning to talk about how the university didn’t sufficiently take into account the consequences of his having a disability, attention-deficit disorder (Eric Ferreri, “UNC admission rescission sparks suit”, Durham Herald-Sun, Aug. 19) (via “Begging to Differ”, Aug. 21; Kimberly Swygert at No. 2 Pencil also comments (Aug. 21)).

Meanwhile, as Joanne Jacobs notes, “Blair Hornstine, who sued her school district for $2.7 million for trying to name a co-valedictorian, has settled for $60,000, reports the Philadelphia Inquirer. She’ll get $15,000; the rest will go to her lawyers.” (see Jul. 12 and links from there). Kimberly Swygert has more as does the Weekly Standard’s Jonathan Last (Aug. 20)(& letter to the editor, Sept. 18).

Filed under: disabled rights, Philadelphia, schools

A career of suing foodmakers

“A fast-food company like McDonald’s may not be responsible for the entire obesity epidemic,” litigious law prof John Banzhaf tells Time, “but let’s say they’re 5% responsible. Five percent of $117 billion is still an enormous amount of money.” Brian Murphy, a recent Rutgers law grad who attended this summer’s Northeastern U. let’s-sue-foodmakers confab, said: “It’s a very important and pressing issue, and its outcome will be with us for years to come. I’m hoping to be able to build a career out of this issue.”

However, even many anti-sweets activists gag at Banzhaf’s notion of suing school districts that enter vending-machine deals. “Brita Butler-Wall, executive director of Seattle-based Citizens’ Campaign for Commercial-Free Schools, has been lobbying the school board for more than a year to get rid of the Coca-Cola contract. Yet, as a parent of an eighth-grader in a local public school, she says, ‘I don’t want to see our district spending its money hiring more lawyers to fight a legal battle.’ Adam Drewnowski, director of the Center for Public Health Nutrition at the University of Washington, says, ‘If you want to influence the school board, you run for a seat on the board. Threatening a lawsuit is almost like blackmail. It’s just unconscionable.'” (Laura Bradford, “Fat Foods: Back in Court”, Time, Aug. 3).

Filed under: Coca-Cola, obesity, personal responsibility, schools, Seattle

School not obliged to offer summer program

A federal judge has ruled that a private boys’ school is not obliged to offer a summer instruction program as a way of accommodating a disabled student who would otherwise fall behind his class. The Haverford School in suburban Philadelphia had already extensively accommodated previous requests by the junior, who has been diagnosed with chronic fatigue syndrome and sleeping disorders. Could this be what the American Constitution Society is talking about when it refers in alarmist tones to the “vanishing” Americans with Disabilities Act? (Shannon P. Duffy, “School Not Obliged to Offer Summer Program Under ADA”, The Legal Intelligencer, Aug. 7).

Filed under: disabled rights, Philadelphia, schools

School desegregation’s Jarndyce?

From Bleak House, ch. 1: “The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality; there are not three Jarndyces left upon the earth perhaps since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery Lane; but Jarndyce and Jarndyce still drags its dreary length before the court, perennially hopeless.” And now from Louisiana comes word that the parish of East Baton Rouge is proposing to settle a school desegregation lawsuit that has dragged on for 47 years. (Charles Lussier, “School Board OKs desegregation pact”, Baton Rouge Advocate, Jun. 26).

Filed under: Louisiana, schools

Update: “Harvard Takes Back Hornstine Admission Offer”

“Harvard has revoked its admission of Blair Hornstine, the prospective member of the Class of 2007 who made national headlines when she sued her school system to ensure she would be her high school?s sole valedictorian.” (Elizabeth W. Green & J. Hale Russell, Harvard Crimson, Jul. 11)(see Jun. 30, May 13, May 3-4).

Filed under: schools

More on the litigious valedictorian

At the Weekly Standard, writer Jonathan Last has much more on the saga of Blair Hornstine of Moorestown, N.J., who sued for the valedictorianship of her graduating class. It isn’t pretty, even aside from the plagiarism scandal (Jonathan V. Last, “First in Her Class”, Weekly Standard, Jul. 7-Jul. 14)(Harvard Crimson coverage). Plus: Joanne Jacobs has more (Jun. 29) including a link to a website by Adam Tow entitled The Blair Hornstine Project, with illuminating reader comments, and commentary by Kimberly Swygert (Jun. 28), with yet more reader comments. Update Jul. 12: Harvard withdraws offer.

Filed under: disabled rights, schools

Archived schools items, pre-July 2003

Grades and honors, 2003: “‘Student sues over top title’” (N.J. valedictorian), May 3-4 (& update May 13: wins case); “Teachers afraid“, Mar. 31; “My lawyer says I’m the valedictorian“, Feb. 18; “‘Student sues to get A+, not A’“, Feb. 10. 2002: “Welcome Salon.com readers, Bill O’Reilly listeners“, Jul. 12-14; “Welcome Fox News viewers/ readers“, Aug. 2-4; “‘Student gets diploma after threatening lawsuit’“, Jun. 13. 2000: “Lawsuits over failing grades“, Jan. 4. 1999: “You shoulda flunked me!” (suit by athlete over too-lenient grading), Dec. 27-28.

“Annals of zero tolerance”, 2002: “Black eye for zero tolerance” (students say they found pills on school grounds), Sept. 30; “Steak knives, finger ‘guns’“, May 16; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28 (& update May 10-12: school backs down); “Zero tolerance leaves ’em gasping” (asthma inhalers), Apr. 8-9; “School told to rehire cocaine abuser“, Mar. 20-21; “Goodbye to zero tolerance?“, Jan. 25-27. 2001: “Under the Christmas tree” (toy soldiers), Dec. 21-23; “John Leo on Overlawyered.com“, Aug. 15; “The rest of Justice O’Connor’s speech“, July 6-8 (& letters to the editor, Aug. 1); “Bagpiper prom garb” (skean dubh knife), June 21 (& letter to the editor, July 6); “Drawing pictures of weapons“, May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance“, Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Fateful fiction“, Jan. 30; “Gun-shaped medallion“, Jan. 18; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “School now says hugs not forbidden“, Oct. 4; “Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Salt Lake Tribune), Aug. 4-7; “Annals of zero tolerance” (six-year-old’s “sexual harassment”, finger guns, ABA Journal), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Scissors, teacher’s beer“, March 15; “Hug protest in Halifax“, March 2. 1999: “Roundup“, Dec. 27-28; “Weekend reading: columnist-fest” (John Leo), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “The fateful thumb” (gunlike hand gesture), Nov. 20-21; “More nail clippers cases“, Nov. 10; “Cannon shots banned” (yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (knife to cut cake), Oct. 23-24; “Dog searches of junior high lockers” (South Carolina), Oct. 15; “Annals of zero tolerance” (“Billabong” label clothing), Sept. 2 (& Sept. 8 update); “For your own good” (transparent backpacks only), August 4.

Stop having fun, 2003: Letter to the editor, Mar. 31. 2002: “Helmets for roller skaters“, Jun. 7-9; “‘Remove child before folding’” (George Will on playgrounds), Jun. 5; “Overprotecting the kids“, Feb. 18-19. 2001: “Dodge ball on endangered list“, June 13; “By reader acclaim: ‘Clowns told to get custard pie insurance’“, Apr. 9. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “Good Humor man busted for ringing bell“, Nov. 6; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “The forbidden cookout“, Jun. 2-4; “Musical chairs disapproved” (game said to encourage violence), May 24; “Dismounted” (horseback program for mentally impaired kids), May 12; “Little League lawsuits“, May 3; “Gray sameness of modern playgrounds“, Apr. 25-26; “Columnist-fest” (Girl Scout horseback riding disclaimer), Apr. 6; “Rise of the high school sleepover disclaimer“, Mar. 22; “Girl puts head under guillotine; sues when hurt“, Mar. 8. 1999: “A lovable liability risk” (principal’s golden retriever), Nov. 18-19; “Seesaws as museum items” (towns sued over playgrounds), Sept. 27; “Spreading to the U.K.” (schools adventure trips, etc.), Aug. 5; “For your own good” (ban on clothing or shoes that might cause students to trip; non-transparent backpacks), Aug. 4. Also see pools and swimming; scary things.

School violence cases, 2002: “Florida school shooting: the deep pockets did it“, Dec. 13-15. 2001: “Put the blame on games“, April 24 (& see March 6, 2002: judge dismisses case). 2000: “‘Just put the candy in the bag, lady’“, Sept. 4; “Principal, school officials sued over Columbine massacre“, Jul. 21-23 (update Nov. 30-Dec. 2, 2001: judge dismisses most counts); “Columnist-fest” (Anne Roiphe), May 2; “Overlawyered schools: three views“, Apr. 21-23; “Judge dismisses case blaming entertainment biz for school shootings” (Paducah case), Apr. 13. 1999: “Descent of the blame counselors“, Nov. 2; “Nominated by reader acclamation” (Klebold parents sue), Oct. 18; “Censorship via (novel) lawsuit“, Jul. 22.

Special ed, disabled rights, 2003: “Letter to the editor“, Jun. 20-22. 2002: “‘Ex-Teach’s Suit: Kids Abused Me’“, Jun. 26-27 (& update Jul. 24); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “Connecticut to ‘mainstream’ retarded kids“, Jul. 5 (& letter to the editor, Aug. 1); “Litigators vs. standardized tests, I: the right to conceal“, Feb. 9-11. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30; “Unwanted medical duties” (care of students), June 5; “Overlawyered schools: three views” (school discipline and IDEA, etc.), Apr. 21-23; “Disabled test-accommodation roundup“, Feb. 16; “Disabled accommodation in testing“, Jan. 12. 1999: “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “Disabled accommodation vs. testing fairness“, Sept. 21; “Death by mainstreaming” (hazards of mentally disabled 12-year-old’s rights), August 31; and see disabled rights generally.

Higher ed, 2003: “MIT sued over student’s nitrous-oxide death“, Feb. 25. 2002: “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘Tilting the playing field’” (Title IX), May 14-15; “Law hurts men, women” (Title IX), Jan. 23-24; “Class action on behalf of illegal-alien college students“, Jan. 11-13; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “University official vs. web anonymity“, Oct. 30; “‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14; “Don’t rock the Coke machine“, Jul. 20-22; “By reader acclaim: student sues law prof over class demonstration“, June 27; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Gets no kick from football verdict” (Title IX), Nov. 3 (& Jan. 31, 2001); “Place kicker awarded $2 million“, Oct. 13; “Don’t talk to the humans” (human-subject experimentation rules), Sept. 1-3; “Why you can’t trust letters of recommendation“, Jul. 10; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Prof sues for right to flunk students” (Univ. of Mich.), Mar. 16; “Mormon actress sues over profanity” (says Univ. of Utah theater dept. insisted she utter foul language in scripts), Jan. 24. 1999: “Link your way to liability?” (prof sues over “course critique” website), Nov. 15; “We didn’t mean those preferences!” (veterans’ preferences unpopular at Berkeley), Nov. 11; and see disabled rights in education.

Sports, 2003: “Schools roundup“, Apr. 9; “Sis-Boom-Sue” (cheerleading), Jan. 15-16. 2002: “‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10; “Tour of the blogs” (Title IX), Sept. 24; “‘Parents suing youth football league’“, Aug. 28; “‘Tilting the playing field’” (Title IX), May 14-15 (& Jan. 23-24); “‘Before you cheer … “Sign here”‘” (cheerleading release forms), Mar. 15-17. 2001: “Federal judge rules high-school sports schedules unlawful“, Dec. 24-27 (& letter to editor, Feb. 28); “‘Father seeks $1.5 million after son misses varsity spot’“, Dec. 13-14; “Letter to the editor” (junior varsity dance team), Sept. 3; “‘Dad sues after girl fails to make cheerleading squad’“, Jun. 4; “Suing the coach“, May 2. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “‘Opposition to Indian mascots intensifies’“, Nov. 8; “Gets no kick from football verdict” (Title IX), Nov. 3; “Place kicker awarded $2 million“, Oct. 13; “‘Mother sues over lack of ice time for goalie son’“, Sept. 11; “Litigious varsity“, Feb. 8-9. 1999: “Gimme an ‘S’, ‘U’, ‘E’” (suits over failure to make cheerleading squads), Nov. 15; “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “ADA protection for boozing student athletes“, Sept. 29.

Overlawyered.com commentary:

“Schools roundup“, Apr. 9, 2003.

“Teachers afraid“, Mar. 31, 2003.

“Kids’ art on walls ruled a fire hazard“, Mar. 20, 2003.

“Suit: schoolkids shouldn’t attend rodeo“, Oct. 24, 2002.

“Cutting edge of discrimination law” (Puyallup district, Wash.), Oct. 7-8, 2002.

“Tour of the blogs” (suit vs. statewide tests), Sept. 24, 2002.

“Don’t ban peanut butter from schools“, Aug. 23-25, 2002.

Personnel: “Schools roundup“, Apr. 9, 2003; “Convicted, but still on their teaching jobs“, Jul. 10-11, 2002; “School told to rehire cocaine abuser“, Mar. 20-21, 2002; “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), Jun. 27, 2000; “Victim of the century?” (misbehaving principal collects disability benefits for sexual compulsion), Jun. 2-4, 2000; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000.

“‘Suits Against Schools Explore New Turf’“, Jun. 19-20, 2002.

“Folk medicine meets child abuse reporting” (“coining” of children’s skin), May 31-June 2, 2002.

“Letter to the editor” (sending kids home with slight sniffle), Apr. 11, 2002.

“‘Before you cheer … “Sign here”‘“, Mar. 15-17, 2002.

“Education reforms could serve as basis for new suits“, Mar. 13-14, 2002.

“Jail for schoolyard taunts?“, Feb. 27-28, 2002.

“‘Hot-dog choking prompts lawsuit’“, Jan. 2-3, 2002.

“Australia: student wins millions over corporal punishment“, Feb. 20, 2001 (& update Dec. 15-16); “Bankrupting Canadian churches?” (Indian residential schools), Aug. 23-24, 2000.

“Overlawyered schools roundup“, Dec. 7-9, 2001.

“Educational privacy gone to extremes“, June 27, 2001 (& Nov. 28, Dec. 7-9).

“‘School sued over poor results’” (U.K.), Nov. 23-25, 2001.

“From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13, 2001.

“‘Teen sex offenders face years of stigma’“, Nov. 5, 2001.

“‘Never far from school halls: the lawsuit’“, Oct. 10-11, 2001; “Election roundup” (Bush proposal to protect educators from lawsuits), Oct. 23, 2000; “Overlawyered classrooms” (survey of school administrators finds fear of litigation), Sept. 11-12, 1999.

“School email pranksters to Leavenworth?” (antihacking proposal), Aug. 10-12, 2001.

“‘Airline restricts children flying alone’“, Aug. 6, 2001.

“‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001.

“Anonymity takes a D.C. hit” (bill to ban anonymous email, browsing in schools, libraries), May 21, 2001.

“‘Iowa Supreme Court says counselors liable for bad advice’“, April 27-29, 2001.

“‘Teacher sues parent over handshake’“, March 26, 2001.

“No more Indian team names?“, March 15, 2001.

“Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Title IX and “student-on-student” harassment), August 21-22, 1999.

“Forbidden paint zone” (New York City’s 10-foot rule), Feb. 27, 2001.

“U.K.’s school bullying suits“, Feb. 14-15, 2001.

“Behind ‘Boston Public’“, Nov. 21, 2000.

“‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14, 2000.

“School suspends girl for casting spell“, Nov. 1, 2000.

“Back-to-school roundup: granola bars out, Ritalin in” (allergies), Aug. 29-30, 2000; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.

“Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000.

“School safety hysteria, internalized” (program encourages students to inform anonymously on depressed or angry classmates), Apr. 7-9, 2000; “Overlawyered schools: three views” (update), Apr. 21-23, 2000.

“$60,000 battle over $5 t-shirt” (dress code, heavy-metal t-shirt), Apr. 19, 2000 (update, Aug. 29-30: case settled).

“Welcome, Yahoo and About.com visitors” (this page listed), Jan. 11, 2000.

“Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16, 1999.

Teachers sue students: “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30, 2000; “Drastic remedy for unruly classrooms“, Sept. 28, 1999.

“Teach but don’t touch” (educators, camp counselors afraid of physical contact with kids), Sept. 15, 1999.

“Blackboard jungle” (Ann Arbor substitute teacher back-pay case), Sept. 14, 1999 (& letter to the editor, Jun. 20-22.).

“Undislodgeable educators” (tenure plus employment law), Aug. 18, 1999.

Other online articles of interest:

Wendy M. Williams and Stephen J. Ceci, “Accommodating Learning Disabilities Can Bestow Unfair Advantages“, Chronicle of Higher Education, Aug. 6, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Title IX’s Invisible Ink” (“student-on-student” harassment), Reason, August/Sept. 1999.

“Standard Accommodations” (special ed expands toward infinity), Reason, February 1999.

“Title IX from Outer Space: How federal law is killing men’s college sports“, Reason, February 1998.

“Opposing View: Meddlers Won’t Quit” (EEOC guidelines on college athletic coaches’ pay), USA Today, November 17, 1997.

“Say What?” (“accent discrimination”; Westfield, Mass. school case), Reason, November 1997.

“The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry).

“Time to Get Off the Tenure Track“, The New York Times, July 8, 1997.

“Shut Up, They Explained” (zero-tolerance harassment policies), Reason, June 1997.

“Have You Used a Kid Today As a Political Pawn?“, Chicago Tribune, November 14, 1996.

“A Connecticut Yankee in Court” (Sheff v. O’Neill decision), City Journal, Autumn 1996.

“Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle,? National Review, May 11, 1992.

“Breaking Ranks“, review of Reflections of an Affirmative Action Baby by Stephen Carter, National Review, October 7, 1991.

Filed under: Australia, Canada, Connecticut, deep pocket, Iowa, Little League, schools, South Carolina, swimming, teacher tenure, Title IX, Utah, zero tolerance