Thursday, October 25, 2007

5th Circuit Affirms Teacher's Parental Rights Win

Barrow v. Greenville Independent School District, (5th Cir., Oct. 23, 2007), is the latest decision in a long running challenge by a Greenville, Texas public school teacher who was passed over for promotion to Assistant Principal because she refused to move her own children from a private religious school to public school. The court held that under the law of the case, the district court was correct in applying strict scrutiny to the teacher's parental rights claim, even after the jury decided that teacher Karen Jo Barrow's free exercise rights were not infringed. The 5th Circuit also upheld the lower court's award of attorneys' fees to Barrow.