News & Analysis as of

Americans with Disabilities Act (ADA) Department of Education

Bricker Graydon LLP

What’s New in Pregnancy and Parenting on Campus: New Regulations from the Equal Employment Opportunity Commission and the...

Bricker Graydon LLP on

Over the last several years, we have seen an increase in focus on the rights of pregnant and parenting people on campus in higher education—from a string of recent Office for Civil Rights (OCR) resolutions, to new federal...more

Bricker Graydon LLP

Accommodating Requests From Pregnant and Parenting Students

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With the beginning of a new academic year, many institutions are facing questions from pregnant and parenting students regarding academic adjustments or accommodations due to pregnancy, childbirth, or recovery therefrom....more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

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A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

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The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Benesch

Benesch DSO Intelligence Bi-Monthly Report: July - September 2022

Benesch on

Insurance reimbursements remained stagnant despite higher operating costs for dental practices - According to an August poll by the American Dental Association’s Health Policy Institute, insurance reimbursements have not...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Franczek P.C.

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

Franczek P.C. on

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

Bond Schoeneck & King PLLC

Dealing with the Student Mental Health Crisis on Campus: Are Involuntary Withdrawal Policies or Mandatory Medical Leaves the...

There is little debate that the student mental health crisis at colleges and universities is at an all-time high. Just last month, news headlines shared the story of a university’s response to receiving an anonymous letter...more

TNG Consulting

How Disability Law Impacts Voluntary and Involuntary Student Leaves Related to Harm-to-Self and Harm-to-Others

TNG Consulting on

This topic is raised fairly frequently by members of the National Association for Behavioral Intervention and Threat Assessment (NABITA). This Tip of the Week offers key understandings and best practices and is adapted from a...more

Husch Blackwell LLP

U.S. Department Of Education Releases Guidance On Safely Reopening Schools

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On February 12, 2021, the Department of Education (“the Department”) and the Centers for Disease Control and Prevention (“CDC”) released guidance to support school and district leaders and educators to safely reopen...more

Husch Blackwell LLP

K-12 Education v. Higher Education In Title IX Compliance: 2020 Regulations

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On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher...more

Cole Schotz

School Is Out And Employers Are In Need Of A Lesson: NJ Parent Accommodations When School Is Closed

Cole Schotz on

The State of New Jersey has not taken a one size fits all approach in return to school plans for the 2020-2021 school year. The New Jersey Department of Education (“NJDOE”) has received approximately 800 different plans for...more

Bradley Arant Boult Cummings LLP

Colleges and Universities Face Online Accessibility Challenges for ADA Compliance

Americans with Disabilities Act (ADA) compliance is something colleges and universities have been dealing with for a long time when it comes to physical accommodations. Increasingly, however, online accessibility is a concern...more

Saul Ewing LLP

How Post-Secondary Schools Should Examine Accessibility and Online Learning in Light of the COVID-19 Pandemic

Saul Ewing LLP on

With most colleges and universities having transitioned almost entirely to online learning in light of COVID-19, the accessibility of this new mode of teaching for students with disabilities – and the sufficiency of that...more

Franczek P.C.

Web Accessibility: OCR is Back, Is Your Website Ready?

Franczek P.C. on

As we mentioned in our article last month, the November 2018 version of the U.S. Department of Education Office for Civil Rights (OCR) Case Processing Manual (CPM), deleted a section that was added in March 2018 that allowed...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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 for the past few years—and this past month...more

Roetzel & Andress

Increased Focus For School Website Accessibility

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Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Cooley LLP

Blog: Avoiding Common Legal Issues at Coding Schools (and Other Edtech Companies): Accessibility and the Americans with...

Cooley LLP on

If you operate a coding academy or provide almost any kind of educational program (whether face-to-face, online or hybrid) – regardless of whether you accept federal funds or participate in federal student aid programs – you...more

Franczek P.C.

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

Franczek P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

Franczek P.C.

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

Franczek P.C. on

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...more

Pullman & Comley - Labor, Employment and...

More Lawsuits This Holiday Season?

Employers are acutely aware of the legal pitfalls that come with the holiday season. Office parties and alcohol are a potent recipe for bad judgment, and that bad judgment leads to harassment charges and lawsuits. Another...more

Franczek P.C.

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Franczek P.C. on

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

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