News & Analysis as of

Due Process Complaint Procedures

Lerch, Early & Brewer

He Said, She Said – The Board as Judge and Jury

Lerch, Early & Brewer on

THE SCENE - You wake up on Monday morning to find 53 unread e-mails in your inbox. Pasha from unit 101 has written extensively to complain about his neighbor in unit 102 incessantly smoking this past weekend. Pasha says...more

Franczek P.C.

College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

Franczek P.C. on

In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more

Franczek P.C.

Bullying and Special Education in the New Decade: What You Need to Know

Franczek P.C. on

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

Franczek P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

Franczek P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Akin Gump Strauss Hauer & Feld LLP

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Pullman & Comley - School Law

Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

Franczek P.C.

OSERS Issues New Guidance Regarding State and Due Process Complaints

Franczek P.C. on

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance in response to concern that some public agencies are filing due process complaints concerning the same...more

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