News & Analysis as of

IDEA Office of Civil Rights

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Roetzel & Andress

Section 504 Notice of Proposed Rulemaking Expected August 2023

Roetzel & Andress on

In May 2022, the U.S. Department of Education announced that it intended to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of 1973...more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Franczek P.C.

Students with Long COVID May Need Support Under Section 504 or the IDEA

Franczek P.C. on

On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to...more

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more

Franczek P.C.

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

Franczek P.C. on

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more

Pullman & Comley - School Law

“How About Never!?” – COVID-19, School Closures, and Planning and Placement Team Meetings

There is a classic New Yorker cartoon in which an executive, discussing on the phone a possible meeting, says: “How about never – is never good for you?” This cartoon comes to mind when considering the requirement to hold...more

Roetzel & Andress

Increased Focus For School Website Accessibility

Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

Rumberger | Kirk on

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...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

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