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NSBA Concerned About Recent Supreme Court Decision’s Impact on OCR Investigations

The National School Boards Association (NSBA) recently expressed its concerns over the Supreme Court’s recent landmark ruling in Perez v. Mortgage Bankers Association, which allows federal agencies to issue “interpretive...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

California Public Policy Prohibits Employer Retaliation Based on Mistaken Belief That Employee Engaged in Whistleblowing Activity

In Diego v. Pilgrim United Church of Christ (November 21, 2014) --- Cal. App. 4th ---), the California Fourth District Court of Appeal considered whether California public policy precludes employers from retaliating against...more

The Feds Are Watching: Equitable Allocations In School Budgets

It is indisputable that education forms the cornerstone of a productive society. What is frequently disputed, however, is what that cornerstone should cost, and just as every year swallows return to San Juan Capistrano, so...more

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse,...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year....more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

EEOC Discusses How Not Being Able to Graduate from High School Could Be Considered a Disability

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities. The act was amended by the ADA Amendments Act (ADAAA) of 2008 with final regulations being...more

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

Legislation of Interest to Higher Education Institutions: Personnel | Human Resources

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws become effective January 1, 2013, unless otherwise stated. Note - To read recent alerts reported on by KMTG that...more

OCR Reflects On The Work Done During The First Obama Administration

The Department of Education, Office for Civil Rights enforces federal statutes that prohibit discrimination on the basis of sex, disability, age, race, color, and national origin in programs that receive financial assistance...more

“Fantasy Slut League” at High School in California

An investigation at Piedmont High School in California revealed the presence of a “fantasy slut league” among male students at the high school. After discovering the existence of the “league”, Piedmont High School...more

Governor Brown Signs Bills Adding Protection for Religious Practices

Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear turbans, hijabs, and...more

Florida Board of Education Sets Goals Based on Race

The Florida Board of Education recently voted to set student achievement goals in math and reading based on race and ethnicity, a decision that has received significant criticism as being narrow minded and discriminatory. ...more

OCR Receives Record Number of Special Ed Complaints

OCR has received more complaints in the past three years (2009-2011) than ever before regarding disability-related issues. The US Department of Education's Office for Civil Rights ("OCR") enforces federal civil rights laws...more

Education Update, No.4, October 2012: Has Your School Had a Check Up Recently?

Now that school has started, it is time to ensure that your house is in order for the school year. Each year we highlight those area in which we see trends developing or issues with which schools consistently have challenges....more

Education Update, No.4, October 2012: "Dear Colleague . . . "

With that disarming salutation, a little over a year ago Vice President Joe Biden and Secretary of Education Arne Duncan announced new Department of Education mandates, issued under Title IX of the Education Amendments of...more

Education Update - October 2012, No. 4

In This Update: - “Dear Colleague . . . ” By Burton Dodd (Atlanta) - With that disarming salutation, a little over a year ago Vice President Joe Biden and Secretary of Education Arne Duncan announced new Department...more

Legal Alert Update: Court Of Appeal Strikes Down Consent Decree Between LAUSD and UTLA Regarding Teacher Layoffs

In May 2010, the Los Angeles County Superior Court surprised the school and legal community when issuing a preliminary injunction ordering the Los Angeles Unified School District (“LAUSD") to reinstate permanent,...more

Pennsylvania Institutions Face Apparent Conflict Between Their State And Federal Obligations To Victims Of Sexual Assault

Pennsylvania law may conflict with the Office for Civil Rights' Dear Colleague Letter on Title IX and Sexual Violence with regard to victim confidentiality. On April 4, 2011, the United States Department of Education's...more

Education Update - No. 3, July 2012: Responding To The EEOC's Criminal Background Check Initiative

As most of our readers have probably heard by now, the EEOC seems to want all employers to discontinue, or at least significantly curtail, their use of criminal-background checks. The EEOC's Guidance outlines the agency's...more

Education Update (No. 3, July 2012): Your School Is Religious – Does That Mean It's Exempt?

You've just received notice from your state unemployment commission that the School owes $10,000 in back unemployment taxes. You don't understand how this occurred since your religious school has always been treated as exempt...more

It's July 1: Do Your Anti-Bullying Policies Comply With The Law?

As of July 1, 2012, AB 9 requires that all school district anti-harassment/anti-discrimination board policies must include language prohibiting the intimidation and bullying based on the actual or perceived characteristics as...more

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