Students

News & Analysis as of

With Supreme Court Review Looming, Feds Issue Immediate Withdrawal of Previous Title IX Guidance

Following the recent confirmations of Secretary of Education Elizabeth Devos and Attorney General Jeff Sessions, the new Trump administration has moved quickly to withdraw prior guidance concerning discrimination of...more

Wonder the Goldendoodle Service Dog Isn’t the Question, Exhaustion Is

A U.S. Supreme Court decision handed down Wednesday goes much further than whether a Michigan kindergartener can bring Wonder, her goldendoodle service dog, to school or not. The Court determined the family of the...more

Undocumented Immigrants, The Schools And The Obligations To Cooperate With “ICE”

A lot of heat is emanating from Washington D.C. over enforcement of laws concerning “undocumented” immigrants. Especially controversial is the possibility of greater action by the U.S. Immigration and Customs Enforcement...more

Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being...more

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

Administration Withdraws Transgender Guidance While Considering Legal Issues

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

Are College Athletes Employees? Board Counsel Tackles Controversial Issue

A January memorandum issued by Richard Griffen, the current General Counsel of the National Labor Relations Board, has kicked off a debate over whether and when university students should be deemed “employees” who can assert...more

Will the New Administration Trump Columbia University?

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

Title IX Implications for Higher Education Institutions Over Peer Gender-Based Harassment

Many higher education institutions are well-versed in Title IX compliance and litigation issues as they relate to gender discrimination claims on account of university conduct, or claims arising out of sexual assaults on...more

How Are You Handling Parents Who Might Not Speak English?

A recent Philadelphia court decision is a welcome reminder for Barley Snyder client school districts to know what is required of them when it comes to dealing with families where the parents or guardians of a student do not...more

U.S. Supreme Court Deliberates Important Special Education Case

Last month, the U.S. Supreme Court heard oral arguments in a case that could affect the education of millions of students with disabilities, and the public schools that provide services to these students. In the case of...more

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard...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

CAS Legal Mailbag Question of the Week – February, 2017

Dear Legal Mailbag: As the principal of a middle school, I am spared most of the angst parents have over the grades of their children because, at least so far, the college admissions process does not require submission...more

Know Where Your Student Data is Going!

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

Illinois Enacts Law Requiring Schools to Lead Test Their Water Supply

Earlier this week, Governor Bruce Rauner signed a new law requiring Illinois elementary schools and day care centers to test their drinking water sources for lead contamination and notify parents of the results of that...more

SC Public Policy Update - January 2017 #2

What's New - SENATE - The Senate spent the week working at the committee level in an effort to move bills to the floor for debate. Members will return to meeting in regular session on Tuesday, January 24th....more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history....more

U.S. Department of Education Issues Final Regulations Regarding Teacher Preparation Programs

On October 31, 2016, the U.S. Department of Education (ED) published final regulations regarding teacher preparation programs, implementing the accountability provisions of Title II of the Higher Education Act (HEA) and...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

The Forgotten Face of Student Lending

Mention student loans and the face that comes immediately to mind is probably someone in their early twenties. A recent report from the CFPB sheds light on an overlooked segment of the student loan population – consumers 60...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

They’re Back! What Can Schools Expect from the 2017 General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 7, 2017. One can assume that a plethora of proposed bills affecting Connecticut school districts will be...more

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