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DOE v. EDGEWOOD INDEPENDENT SCHOOL DIST.

No. 19-50737.

964 F.3d 351 (2020)

Jane DOE, now known as M.E., Plaintiff-Appellant, v. EDGEWOOD INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 6, 2020.

Attorney(s) appearing for the Case

Luis Roberto Vera, Jr., Esq. , Law Offices of Luis Roberto Vera, Jr. & Associates, San Antonio, TX, Brett Scott Bustamante, Esq. , Patrick N. Haines , Marie Napoli , Senior Attorney, Napoli Shkolnik, P.L.L.C., Melville, NY, for Plaintiff-Appellant.

Donald Craig Wood , Attorney, Katie Elizabeth Payne , Walsh Gallegos Trevino Russo Kyle, San Antonio, TX, Defendant-Appellee.

Holly Gene Mclntush , Austin, TX, for Amicus Curiae Texas Association of School Boards Legal Assistance Fund.

Before OWEN, Chief Judge, and HIGGINBOTHAM and WILLETT, Circuit Judges.

Under the Supreme Court's decision in Gebser v. Lago Vista Independent School District, a school district is not liable under Title IX for teacher-on-student harassment unless the district, among other things, had "actual notice" of the misconduct and was "deliberately indifferent" to it.1...

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