Fitzgerald v. Barnstable School Committee

Background

A kindergarten girl and her parents sued their local school system after the girl was allegedly sexually harassed on the school bus by an older student. The parents told school officials and the police; the police and school investigators found insufficient evidence to discipline the boy. The parents say the school’s response was inadequate, they drove their daughter to school to avoid the bus, and they sued under Title IX, under a federal civil-rights law known as §1983 claiming a violation of the Equal Protection Clause, and under state law. The District Court dismissed the §1983 and state claims and granted summary judgment on Title IX; the First Circuit affirmed.

Reasoning

The key question was whether Title IX was meant to be the only way to challenge sex discrimination in schools or whether people could also sue under §1983 for unconstitutional gender discrimination. The Court examined prior decisions where Congress had created very detailed enforcement systems and found those statutes displaced §1983. It concluded Title IX’s enforcement—withdrawal of federal funds plus an implied private right allowing injunctions and damages—was not so restrictive. Title IX and the Equal Protection Clause cover different things (for example, Title IX mainly reaches institutions that get federal funds and generally not individuals), so Congress did not intend to bar separate constitutional claims. The Court reversed the First Circuit and held §1983 suits alleging unconstitutional gender discrimination in schools remain available.

Real world impact

The ruling lets parents and students pursue federal constitutional claims against school entities and officials in addition to Title IX claims. The Court did not decide whether the Fitzgeralds’ constitutional claims succeed; it sent the case back to the lower courts for further proceedings.