News & Analysis as of

Department of Education Public Schools

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

by Shipman & Goodwin LLP on

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

by Best Best & Krieger LLP on

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Connecticut Independent Schools Required to Perform Background Checks on Potential Employees Effective July 1, 2017

by Shipman & Goodwin LLP on

In 2016, Connecticut passed legislation that significantly expanded the scope of background check requirements for public schools when hiring new employees. That law, colloquially referred to as the “Pass the Trash” bill,...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

by FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

by Franczek Radelet P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

CAS Legal Mailbag Question of the Week – May, 2017 #4

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Spring is in the air and I am spending the majority of my days at the various PPT and 504 meetings that have come on like a seasonal allergy. But to make matters worse, this is the season when parents...more

Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

by Shipman & Goodwin LLP on

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

Transgender Students in Independent Schools: Developing Best Practices in a Confusing Political Landscape

by Shipman & Goodwin LLP on

Issues regarding transgender students and employees have been at the forefront of political, legal and social discussion in recent months. As independent schools consider their role in promoting the health and safety of...more

The Supreme Court Will Not Hear Landmark Transgender Student Case

by Franczek Radelet P.C. on

The wait for a final resolution of the legal issues surrounding transgender students will be extended as the result of a decision yesterday by the United State Supreme Court in the landmark case, Gloucester County School Bd....more

Supreme Court Returns Transgender Bathroom Case to Lower Court

by Fisher Phillips on

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Supreme Court Remands Gloucester County School Board v. G.G., Will Not Hear Transgender Student’s Case

The Supreme Court will not review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. despite agreeing in October 2016 to do so. The Fourth Circuit’s decision in favor of G.G., a transgender Virginia high...more

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

by Dickinson Wright on

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Transgender Student Developments

by Tucker Arensberg, P.C. on

The legal landscape regarding transgender student rights in public schools continues to evolve. Within the last week, several developments have occurred: ..On February 22, 2017, the U.S. Departments of Education and...more

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Trump Administration Withdraws Transgender Guidance

by Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

by Jackson Lewis P.C. on

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

by Hogan Lovells on

On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...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

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