Fitzgerald v. Barnstable School Committee
Supreme Court of the United States
Argued December 2, 2008 Decided January 21, 2009
Full case name	Fitzgerald et vir v. Barnstable School Committee et al.
Docket nos.	07-1125
Citations	555 U.S. 246 (more) 129 S. Ct. 788
Holding
Title IX does not preclude a §1983 action alleging unconstitutional gender discrimination in schools.
Court membership
Chief Justice John G. Roberts     Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Alito, joined by Roberts, Stevens, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer

Fitzgerald v. Barnstable School Committee, 555 U.S. 246 (2009), is a case in which the United States Supreme Court held that parents could sue a school committee under grounds of the Equal Protection Clause of the 14th Amendment.

Background
During the 2000-01 school year, Jacqueline Fitzgerald, a kindergartener at Hyannis West Elementary School in the Barnstable School District was coerced by a third-grader, to lift her dress up when she rode the public school bus to school. In February 2001, Fitzgerald told her parents about the incidents on the bus, and her parents contacted the school. The school identified two kindergarten students who corroborated Fitzgerald's account of the harassment, but the school's principal, Fredrick Scully, informed the Fitzgeralds the school would not take action.

The Fitzgeralds contacted the Barnstable Police Department to investigate the matter, but the investigator determined there were insufficient evidence to bring criminal charges.[1]

In March 2001, the Fitzgeralds made a written request for a bus monitor, the separation of the children with disciplinary problems and the kindergarten students, and the removal of the third-grader from the bus. The superintendent of the Barnstable School District denied the request. The Fitzgeralds alleged that the teachers at Hyannis West Elementary School were not properly informed of the harassment and did not separate their daughter from the harasser.

The Fitzgeralds filed suit allegeing the school's response to the allegations of sexual harassment was inadequate. The complaint alleged violations ofTitle IX and 42 U.S.C. § 1983, and various state claims. The District Court of the District of Massachusetts dismissed the state claims and the § 1983 claim under Federal Rules of Civil Procedure 12(b)(6) for a failure to state a claim. Subsequently the district court granted summary judgment on the Title IX claim. The First Circuit Court of Appeals affirmed the district court and held that Title IX precluded § 1983 claims based on equal protection. The First Circuit stated that five conditions must be met for a plaintiff to succeed for a Title IX violation: (1) the institution is a recipient of federal funding, (2) severe, pervasive, and objectively offensive harassment occurred, (3) the harassment denied the student of educational opportunitiesor benefits, (4) the institution had actual knowledge of the harassment, and (5) the institution's deliberate indifference caused the student to be subjected to the harassment.[2]