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Americans with Disabilities Act (ADA) Public Schools

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Clark Hill PLC

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

Clark Hill PLC on

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Perez v. Sturgis Public Schools

On March 21, 2023, the Supreme Court decided Perez v. Sturgis Public Schools, No. 21-887, holding that the Individuals with Disabilities Education Act’s (IDEA) exhaustion requirement, 20 U.S.C. § 1415(l), does not preclude an...more

Epstein Becker & Green

Court Unanimously Holds That IDEA Administrative Remedy Requirements Do Not Preclude Compensatory Damages Under ADA: SCOTUS Today

Epstein Becker & Green on

While the backlog of argued cases pending decision has been growing substantially, the Court rendered only one opinion today, and it was unanimous....more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Foster Garvey PC on

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Tucker Arensberg, P.C.

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

Tucker Arensberg, P.C. on

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more

Seyfarth Shaw LLP

Policy Matters Newsletter - August 2022

Seyfarth Shaw LLP on

Inflation Reduction Act Of 2022. After the so-called “vote-a-rama,” that lasted all night and into the morning last Saturday / Sunday, the Senate finally voted to pass the Act through reconciliation, by a 51-50 vote margin...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 5, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decisions: County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more

Bricker Graydon LLP

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

Bricker Graydon LLP on

A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more

Tucker Arensberg, P.C.

Two Allegheny County School Districts Must Universally Mask Despite Mixed Messages From the Federal District Courts

Tucker Arensberg, P.C. on

Last week, two federal judges of the United States District Court for the Western District of Pennsylvania came to seemingly opposite conclusions regarding universal masking requirements in Allegheny County schools. In...more

Jackson Lewis P.C.

Puerto Rico: COVID-19 Boosters Required for Workers in Healthcare, Educational Settings

Jackson Lewis P.C. on

Amidst increasing positive COVID-19 cases in Puerto Rico, Governor Pedro R. Pierluisi has issued an executive order requiring those working in healthcare and education settings to get vaccinated and boosted. Covered...more

Jackson Lewis P.C.

Philadelphia Mandates COVID Vaccine for All City Workers

Jackson Lewis P.C. on

On November 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. This mandate comes following the City’s...more

Husch Blackwell LLP

Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

Husch Blackwell LLP on

Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more

Jackson Lewis P.C.

Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers

Jackson Lewis P.C. on

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge...more

Laner Muchin, Ltd.

Vaccine Mandates are Becoming the Rule and Not the Exception: What Employers Need to Know

Laner Muchin, Ltd. on

The COVID-19 pandemic threw the world into a state of uncertainty and life-threatening risk with ever changing health and safety recommendations and mandates. The alleged “two weeks” that it would take to combat the virus has...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report — Legislative Day 34

There was green aplenty under the Gold Dome today, but the pot of gold at the end of the rainbow remains to be seen as Senate budget writers still deliberate the final touches on their version of the FY 2022 Budget. The House...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Nelson Mullins Riley & Scarborough LLP

9 Landmark Cases in U.S. History that Protected the Rights of People with Disabilities

At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more

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