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Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

Final Title IX Rule on Sexual Harassment Released Today

Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on...more

OCR Releases “Dear Colleague Letter” on School Responsibilities to Address Title VI Discrimination and Harassment

On November 7, 2023, the Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague Letter” (DCL) that reminds schools of their Title VI obligations to provide all students with a learning environment...more

Title IX Final Rules –Anticipated Release Date Moved to October 2023

We want to share a quick Title IX update from the Department of Education. The Department just announced through a blog post that due to the large number of public comments it received regarding its proposed rules to Title IX...more

Update on Biden Administration’s Title IX Proposed Rule

As we’re nearing the end of the calendar year, many of you may be wondering where things stand with the Biden Administration’s proposed Title IX regulations. As we previously reported on this blog, the proposed Title IX rule...more

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Two Grievance Procedures in the New Title IX Proposed Regs?

You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more

Title IX Refresher Series Part V: Title IX Advisor

Earlier this year, we launched a multi-part series where we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

U.S. Department of Education to Amend Section 504 Regulations

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Biden Administration to Propose New Title IX Rules by April 2022

As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced  its intention to...more

Department of Education Releases COVID-19 Handbook for Higher Education

The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Q&A: What the U.S. Department of Education’s new Clery Act Appendix Really Means for Colleges’ and Universities’ Clery Act...

Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act...more

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more

Education Funding Begins to Become Available under the CARES Act

States may now apply for their share of the Elementary and Secondary School Emergency Relief (ESSERS) Fund – the $13.2 billion fund under the CARES Act that will be allocated to states based on the proportions of Title IA...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

A Word of Warning: Federal and State Resources Aim to Ease School Safety Planning.

From federal guidance addressing FERPA and the School Safety Commission Report and DOE withdrawal of discipline guidance to Illinois law requiring threat assessment teams and the creation of the Illinois Educational Safety...more

Draft Proposed Title IX Regulations Hint at Significant Changes

The U.S. Department of Education (“DOE”) is expected to release proposed regulations related to Title IX shortly. While the proposed regulations have not been officially released, a leaked draft indicates significant changes...more

Department of Education Advises that Schools Can Comply with the Clear and Present Danger Reporting Requirements of the Firearm...

The Firearm Concealed Carry Act (CCA) went into effect in 2013. One of its provisions requires a principal or designee to make a report to the Illinois Department of State Police (ISP) “when a student is determined to pose a...more

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more

U.S. Department Of Education Releases Guidance On Protecting Student Information While Using Online Educational Services

Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more

DOE Releases “Dear Colleague Letter” On School District Responsibilities To Address Bullying Of Students With Disabilities

On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more

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