Department of Education Public Schools

News & Analysis as of

The Supreme Court Will Not Hear Landmark Transgender Student Case

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

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

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more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

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...

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

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

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

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

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

New Administration Signals Change on Support of Transgender Guidance

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

State Legislation Bans Seclusion and Restraint

On December 29, 2016, Lieutenant Governor Brian Calley signed legislation that bans Michigan public schools and public school academies from secluding or physically restraining students, except in emergency situations. The...more

OCR Releases New Section 504 Resource Guide

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

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

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

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

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

CAS Legal Mailbag Question of the Week – December, 2016

Dear Legal Mailbag: Last week, I met a lovely couple who stopped by my office to visit. They live just down the street from my school and they are homeschooling their two children who would otherwise be in grades 2 and...more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

United States Supreme Court to Hear Case Concerning Transgender Student Rights under Title IX

Amid a national background of litigation concerning the U.S. Department of Education’s directives involving the rights of transgender students, on October 28, 2016, the Supreme Court of the United States granted certiorari to...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

PTAC Releases Guidance Video Concerning Use of Email and Student Privacy

The Privacy Technical Assistance Center (“PTAC”), a resource established by the U.S. Department of Education, recently released a guidance video concerning the use of email in schools and student data privacy. In this short...more

U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics...

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource...more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...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

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