News & Analysis as of

Department of Education Office of Civil Rights

Is Title IX Guidance and Enforcement About to Change?

by Pepper Hamilton LLP on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

by Clark Hill PLC on

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a...more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

by McGuireWoods LLP on

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior...more

Trump Administration Rolls Back Transgender Student Protections

by Fisher Phillips on

Schools No Longer Face Federal Requirement To Permit Transgender Students To Access Restrooms Corresponding With Their Gender Identities - Late yesterday, the Trump administration revoked Obama-era federal guidelines...more

Title IX Implications for Higher Education Institutions Over Peer Gender-Based Harassment

by K&L Gates LLP on

Many higher education institutions are well-versed in Title IX compliance and litigation issues as they relate to gender discrimination claims on account of university conduct, or claims arising out of sexual assaults on...more

OCR Releases New Section 504 Resource Guide

by Shipman & Goodwin LLP on

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

by Barley Snyder on

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

Office for Civil Rights Issues Dear Colleague Letter: Restraint and Seclusion of Students With Disabilities

by Shipman & Goodwin LLP on

On December 28, 2016, the Department of Education, Office for Civil Rights (OCR), issued four guidance documents concerning students with disabilities. Along with two frequently asked questions documents concerning students...more

Title IX Enforcement and Interpretation: The Winds of Change are Blowing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Title IX enforcement issues continue to notably permeate the agenda of colleges and universities. The winds of change to Title IX enforcement may be blowing in 2017. This Management Alert will review the...more

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

OCR Complaints – Trends and Predictions

by Franczek Radelet P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) recently issued two reports highlighting its work during both fiscal year (FY) 2016 and President Obama’s entire eight-year term of office. The number of OCR...more

Website Accessiblity - An Introduction to the Problem and Best Practices for Education Agencies and Schools

by Pessin Katz Law, P.A. on

Are you reading this article on a computer? I would venture to guess that you are. How did you access this page? Did you have to navigate through multiple web pages? While you were at it, were you surfing the internet,...more

Title IX Enforcement: Potential Changes for Schools and Universities

Schools and universities should be informed that Title IX enforcement in the area of campus sexual assault might be scaled back or even eliminated under the new Trump administration. This is particularly significant for...more

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

Gavin Grimm v. Glouchester County School Board—Is the Supreme Court Finally Weighing in on the Transgender Bathroom Debate?

On August 3, 2016, the United States Supreme Court granted a stay to a Virginia school Board pending Supreme Court review of the case. In an action reminiscence of the same sex marriage controversy, the Supreme Court's...more

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

by Franczek Radelet 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

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

by Franczek Radelet P.C. on

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

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

by Barley Snyder on

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

Safeguard Your Federal Funding – Transgender Students And Title IX Compliance

by Fisher Phillips on

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply...more

Legal Update: School Website Accessibility and Digital Communications Requirements

by Barley Snyder on

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

Office of Civil Rights Releases “Dear Colleague” Letter on Transgender Students

On May 13, 2016, the U.S. Department of Education’s Office of Civil Rights (OCR) released a Dear Colleague Letter (DCL) addressing a school’s Title IX obligations regarding transgender students, and explaining how the U.S....more

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

by Shipman & Goodwin LLP on

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

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

by Barley Snyder on

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

OCR Investigating Accessibility of State and Local Government Websites

by Reed Smith on

The U.S. Department of Education’s Office for Civil Rights (OCR) has reportedly opened as many as 350 recent nationwide complaint investigations into whether educational agencies’ websites are accessible to individuals with...more

Fourth Circuit Decides Case on Transgender Students’ Rights

On April 19, 2016, the Fourth Circuit Court of Appeals issued a decision addressing transgender and gender nonconforming students. In G.G. v. Gloucester County School Board the Fourth Court was presented with the question of...more

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