Dear Colleague Letter

News & Analysis as of

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

DOE Dear Colleague Letter Advises Districts To Consider Whether IEPs of Students Experiencing Short-Term Disciplinary Removals...

On August 1, 2016, the United States Department of Education’s Office of Special Education and Rehabilitative Services and Office of Special Education Programs issued a Dear Colleague Letter suggesting that, in many cases, a...more

Office for Civil Rights Issues New Dear Colleague Letter Regarding ADHD

The Office for Civil Rights (OCR) issued another Dear Colleague Letter (DCL) on July 26, 2016 regarding the obligation of school districts to students with Attention Deficit Hyperactivity Disorder (ADHD) under Section 504 of...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

DOE Issues Updated Guidance on Homeless Students

The Department of Education recently issued three pieces of guidance, including detailed non-regulatory guidance, a student fact sheet, and a “Dear Colleague” letter, all of which address meeting the needs of homeless...more

United States Department of Education Issues Guidance on Civil Rights of Students with ADHD

On July 26, 2016, the United States Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter and resource guide (“Guidance”) to LEAs, preschools and post-secondary education institutions...more

DOJ and DOE issue guidance on privacy rights of transgender students

On May 13, 2016, the Department of Justice and the Department of Education issued a “Dear Colleague Letter” (DCL) describing reasonable steps to protect transgender students under Title IX of the Educational Amendments of...more

Department Of Education Issues Guidance on Improving Gender Equity in Career and Technical Education Programs

On June 15, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) in conjunction with the Department’s Office of Career, Technical, and Adult Education (OCTAE) issued a Dear Colleague Letter (“Letter”)...more

Transgender Student Issues – The FEDs Speak, But Is It Really News In Connecticut?

On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with...more

U.S. Department of Education and U.S. Department of Justice Issue Dear Colleague Letter Addressing Protections for Transgender...

On May 13, 2016, the U.S. Department of Justice and the U.S. Department of Education issued a Dear Colleague Letter (the “Letter”) addressing civil rights protections for transgender students under Title IX. The Letter is...more

Federal Government Provides Schools New Guidance Regarding Transgender Students

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Department of Justice and Office of Civil Rights Issue Dear Colleague Letter on Transgender Students

On Friday, May 13, 2016, the U.S. Departments of Education and Justice released joint guidance entitled Dear Colleague Letter on Transgender Students (“Guidance”). This guidance is provided pursuant to the Departments’...more

Department of Education’s best practices for transgender students deserve careful attention

As some REGucation readers may recall, last summer we authored a two-part series on emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. In particular, we...more

Government Issues New Guidance on Transgender Students

The U.S. Departments of Justice and Education issued a joint Dear Colleague Letter on May 13, 2016, clarifying that Title IX prohibits discrimination based on gender identity, including transgender status. The guidance states...more

New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for...more

Legal Update: 5/13/16 OCR "Dear Colleague" Letter Regarding Title IX -Transgender Students

As a follow-up to prior updates regarding transgender students’ rights, on May 13, 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued a “Dear Colleague” letter regarding LEA’s Title IX obligations for...more

Doe v. Brandeis University : Implications for University Disciplinary Systems and Policies

Case Background - Brandeis University initiated disciplinary proceedings against a student, John Doe, who allegedly engaged in sexual misconduct with another student, J.C. The two students had been in a romantic...more

U.S. Department of Education Issues More Guidance on ESSA

The U.S. Department of Education (“ED”) recently issued a second Dear Colleague Letter interpreting the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”) and...more

U.S. Department of Education Issues Dear Colleague Letter on the ESSA

As we previously reported, on December 10, 2015, President Obama signed into law the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA” or “NCLB”). On December...more

U.S. Senator Questions Whether U.S. Department of Education Has Overstepped Title IX Authority

Last week, U.S. Senator James Lankford (R-Okla.), chairman of the Senate’s Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, sent a letter to John B. King, Jr., the Acting...more

OSERS Issues Special Education Guidance

The Office of Special Education and Rehabilitation Services (OSERS), part of the United States Department of Education, recently issued two Dear Colleague letters, one related to students with dyslexia, dyscalculia, and...more

OSEP Dear Colleague Letter Reminds Districts to Consider Speech/Language Needs for Students with Autism

The Office for Special Education Programs (“OSEP”) within the U.S. Department of Education recently issued a “Dear Colleague Letter” indicating its concern that students with autism may not be receiving necessary speech and...more

Alert: Department Issues New Dear Colleague Letter on State Authorization

On Friday, June 19, 2015, the US Department of Education ("ED" or "the Department") issued a Dear Colleague Letter (GEN-15-10) ("DCL") reminding institutions that the current state authorization requirements (34 CFR § 600.9)...more

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

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