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Americans with Disabilities Act (ADA) Students

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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more

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

Kohrman Jackson & Krantz LLP

Why We Highly Recommend Students Avoid Marijuana

On December 7, 2023, Ohio legalized adults possessing 2.5 ounces of cannabis in any form.  With recreational marijuana use now legal in twenty-four states, many college students wonder if they can possess and use marijuana at...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

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

Dickinson Wright

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

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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

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

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

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The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...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

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

Foster Garvey PC

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

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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

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

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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

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

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

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

Venable LLP

Discipline or Discrimination? How Institutions of Higher Education Should Navigate Disciplining Students with Known or Reported...

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Colleges and universities are grappling with the proliferation of mental health issues among their student populations in the wake of COVID-19 as they deal with the effects of burnout, limited support resources, and social...more

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

Bond Schoeneck & King PLLC

Navigating Requests for Animals on Campus

With college student mental health issues on the rise nationwide, college administrators are likewise seeing an increase in requests for emotional support animals to be present on campus. In considering these requests,...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...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

Fox Rothschild LLP

Could Masks Be Required In Schools Under Section 504? One Federal Judge Says The Answer May Be Yes.

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Throughout the country, the debate over requiring masks in schools often focuses on whether districts or states have the power to impose such mandates. But a case from Tennessee suggests that the more important question is...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

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The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

Saul Ewing LLP

Justice Department Settles with Brown University Regarding Responses to Students with Mental Health Disabilities, Providing...

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On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more

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