Dear Colleague Letter

News & Analysis as of

U.S. Departments of Education and Justice Issue “Dear Colleague” Letters and Resource Materials for LEAs Addressing the Use of...

On Sept. 8, the U.S. Departments of Education (ED) and Justice (DOJ) each issued “Dear Colleague” letters and accompanying “resource documents” addressing school-based law enforcement and the role of School Resource Officers...more

Department of Education Releases New Guidance on SROs, Police in Schools

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

Department of Education Issues Guidance on Campus Policing

Citing the ongoing nationwide dialogue on law enforcement-community relations, racial justice and officer and public safety, on September 8 the U.S. Department of Education (in coordination with the Justice Department)...more

Legal Update: U.S. Department of Education Guidance - Rights of Homeless Children and Youths under McKinney-Vento as Amended by...

Under McKinney-Vento, LEAs must ensure homeless children and youths have equal access to the same free, appropriate public education – including a public preschool education – as provided to other children and youths. U.S....more

OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline

The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring the importance of positive behavioral...more

Department of Education Issues New Dear Colleague Letter Regarding the Enrollment of Homeless Students

On July 27, 2016, the United States Department of Education (“Department of Education”) released a dear colleague letter (DCL) and a non-regulatory guidance document (“Guidance Document”) discussing school districts’...more

Alert: ED Seeks Further Compliance with Third-Party Servicer Rules

On August 18, 2016, the US Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) providing additional guidance on issues related to the requirements for third parties that provide financial aid...more

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

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