Under The Law: When is enough enough?

Abstract

A review of what seems to be pervasive racial harassment against three African-American students in a rural Texas school district finds that districts are protected by a high bar for plaintiffs. Given the noxious behavior, the court sided with the school district in a suit for money damages, holding that the district’s weak response upon learning of the behaviors meant that it did not intentionally subject its students to them. This standard does provide protection for the district. It does not put attorneys and courts in the position of second-guessing educators’ academic and disciplinary decisions. But it may not provide the protection children need or deserve. Students must rely on the good judgment of administrators and boards for real protection from harassment.