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Education Civil Rights

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

by Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more

Bad Idea: Attorney’s Fees And The High Cost Of Ignoring Stay Put In M.R. & J.R. V. Ridley School District

A recent decision by the United States Court of Appeals for the Third Circuit calls to mind an automobile repair chain’s erstwhile slogan: “Pay me now, or pay me later,” although in this case, the more applicable variation...more

Department of Education Rescinds Obama-Era Guidance on Sexual Misconduct

by McGuireWoods LLP on

Following Education Secretary Betsy DeVos’ Sept. 7 speech critical of the Obama administration’s prescriptive and adversarial guidance on Title IX, we predicted in a client alert that the current administration would formally...more

Department of Education Rescinds Obama-Era Title IX Guidance in Advance of New Rulemaking

This morning, the Office for Civil Rights of the Department of Education issued a “Dear Colleague” letter rescinding the Obama administration’s school sexual assault guidance. The Department also issued a new set of...more

Federal Education Secretary Announces Plans to Revamp Title IX Directives

by Barley Snyder on

The U.S. Department of Education recently announced plans to “revoke or rescind” current guidance addressing enforcement of Title IX. Secretary Betsy DeVos said earlier this month the department plans to review and...more

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...more

What U.S. Education Secretary Betsy DeVos' Recent Speech Means for Title IX

U.S. Secretary of Education Betsy DeVos gave a highly publicized speech recently about the federal government’s plan to revamp guidelines for handling allegations of sexual assault on college campuses. Having watched the...more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

by Shipman & Goodwin LLP on

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider...more

Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

by Tucker Arensberg, P.C. on

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy...more

Title IX: Now What?

by Steptoe & Johnson PLLC on

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and...

by Shipman & Goodwin LLP on

On Thursday, September 7, in a speech by U.S. Department of Education Secretary Betsy Devos, the Department announced that it would undertake a review of its current Title IX enforcement guidance concerning campus-based...more

Secretary DeVos Announces Changes to Title IX Directives Regarding Campus Sexual Misconduct Allegations

by K&L Gates LLP on

n Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the “insights of all parties” in creating new directives that govern...more

August 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

by Franczek Radelet P.C. on

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it...more

Plans To ‘Reframe’ Title IX Enforcement Announced

by Jackson Lewis P.C. on

The Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Education Secretary Betsy DeVos said on September...more

Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence...more

Title IX Update - September 2017

by Nexsen Pruet, PLLC on

Secretary DeVos is planning a major Title IX announcement on Thursday: Media reports indicate that Department of Education Secretary DeVos is planning a major announcement regarding Title IX enforcement on Thursday of...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

by Shipman & Goodwin LLP on

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

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