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Discrimination › Public Schools

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Parker Poe Adams & Bernstein LLP

Ready, Set, Wait: Eleventh Circuit Grants Last-Minute Title IX Injunction in Southeastern States

Parker Poe Adams & Bernstein LLP on

Less than 24 hours before classroom bells were set to ring in schools across the southeastern United States, the Eleventh Circuit Court of Appeals issued an order administratively blocking the implementation of the 2024 Title...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Spilman Thomas & Battle, PLLC on

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more

Brooks Pierce

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

Brooks Pierce on

On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of...more

Benesch

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

Benesch on

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more

FordHarrison

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

FordHarrison on

Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...more

Best Best & Krieger LLP

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

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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

Pullman & Comley - School Law

CHRO – A New Horizon For Students With Disabilities?

Pullman & Comley - School Law on

As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent...more

Hogan Lovells

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

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

FordHarrison

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

Fisher Phillips

Trump DOJ Drops Obama Administration’s Transgender Bathroom Fight

Fisher Phillips on

Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more

Franczek P.C.

New Administration Signals Change on Support of Transgender Guidance

Franczek P.C. on

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

Seyfarth Shaw LLP

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

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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

Franczek P.C.

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

Franczek 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

Fisher Phillips

Transcending Gender In Schools: Is Gender Neutral The New Normal?

Fisher Phillips on

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Tucker Arensberg, P.C.

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

Tucker Arensberg, P.C. on

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Stoel Rives LLP

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

Stoel Rives LLP on

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and...more

U.S. Equal Employment Opportunity Commission...

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

U.S. Equal Employment Opportunity Commission... on

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is the Joint DOJ and OCR Guidance on Discrimination in K-12 Student Discipline a Warning Shot for Colleges and Universities?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

We’ve known it was coming for at least a year, and on January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), in conjunction with the Civil Rights Division of the U.S. Department of Justice (DOJ),...more

Best Best & Krieger LLP

AB 1266 Expands Rights of Transgender Students - New Law Creates Challenges for California School Districts

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This week, Governor Jerry Brown signed into law Assembly Bill 1266, which adds a single sentence to California Education Code section 221.5 – a section that has long prohibited public schools from limiting participation in...more

Holland & Knight LLP

Religious Institutions: June 2013

Holland & Knight LLP on

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Franczek P.C.

Tips And Tricks: Avoiding Discriminatory Discipline Of Groups Of Students

Franczek P.C. on

Discriminatory discipline has been a hot topic this year in public schools, and the focus on this topic makes it one that school leaders should not ignore....more

Butler Snow LLP

Sixth Circuit Stands by School System's Promotion Decisions

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Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

Franczek P.C.

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

Franczek P.C. on

As The New York Times recently reported, a Colorado school district is facing a lawsuit after refusing to allow a six-year-old transgender student to use the girls’ bathroom in a local elementary school. The case highlights...more

Franczek P.C.

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

Franczek P.C. on

In Hayden v. Greensburg Community School Corporation, the U.S. District Court for the Southern District of Indiana found that a school’s haircut policy for the boys’ basketball team did not constitute gender discrimination,...more

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