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Supreme Court to rule on harassment case

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Published: Dec. 1, 2008 at 8:43 AM

WASHINGTON, Dec. 1 (UPI) -- A dispute about the responsibilities of public schools to protect girls from sexual harassment is set to be heard by the U.S. Supreme Court, officials say.

The parents of a Hyannis, Mass., kindergarten girl are suing the local school district saying it was negligent in preventing their daughter from being forced by a third grade boy to repeatedly expose herself on the school bus, USA Today reported Monday.

School officials and police said they couldn't find enough evidence to file charges and the parents have sued the school district under two laws, Title IX of the Education Act Amendments of 1972, which bans discrimination at schools that receive federal funds, and under a U.S. civil rights law known as Section 1983, which broadly prohibits government discrimination, the newspaper said.

In a ruling that will be closely watched by women's rights groups and school organizations, school officials argue that the Section 1983 civil rights protections are trumped by the Title IX statutes. An adverse ruling would open the door to more sexual harassment claims involving school misconduct, the National School Boards Association told USA Today.

The court was expected hear arguments in the case Tuesday.

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