News & Analysis as of

Students

Updated Guidance for Teaching English Learners in Pennsylvania

by Barley Snyder on

New state guidance released this month more clearly fleshes out a school’s responsibility toward its English learners and the rights those students have. The new guidance from the Pennsylvania Department of Education...more

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

by Stinson Leonard Street on

The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

Are You Ready for August 1st?

by Clark Hill PLC on

The 2017/2018 school year is fast approaching and so are two very important deadlines. By August 1, 2017, school districts, intermediate school districts and public school academies are required to have policies in place...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

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

by Best Best & Krieger LLP on

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

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Schools Must Have Suicide Prevention Policies in Place for 2017-18 Schoolyear - Model Youth Suicide Prevention Policy Now Online

by Best Best & Krieger LLP on

California school districts, county offices of education and charter schools serving students grades 7 - 12 are required to have suicide prevention policies in place prior to the start of the 2017-18 school year pursuant to...more

OCR, DOJ Heads Clarify Plans to “Reorient” Approach

by Barley Snyder on

With all of the issues the Trump administration is attending to as the nation’s transition continues, smaller -- but still-important -- issues aren’t getting much attention. But in late June, high-ranking federal officials...more

Special Education Tip – IDEA Does Not Provide for Summer Exceptions – 56-2017

by Pessin Katz Law, P.A. on

IDEA Does Not Provide for Summer Exceptions - Last week, Tips reviewed the necessity of complying with the 5-day rule for documents during the summer months. Another rule without a summer exception is the rule to have...more

No Good Deed Goes Unpunished: When Well-Intentioned School Policies Actually Create Risks

by Fisher Phillips on

There’s no question that today’s social and political climate has affected school campuses across the country in ways that have not been experienced in decades. A steady increase in the diversification of student bodies...more

Special Education Tip - The 5-Day Rule Applies in the Summer, Too - 55-2017

by Pessin Katz Law, P.A. on

The 5-Day Rule Applies in the Summer, Too, Even if Your Staff is Under the Boardwalk - This is such a difficult time of year to hold IEP team meetings. School is out and staff leave town. But IEP team meetings continue...more

Breakfast After the Bell Explained

by Franczek Radelet P.C. on

In August 2016, Governor Rauner signed Public Act 099-0850 creating the “Breakfast After the Bell” program. Historically, schools have provided breakfast prior to the start of the school day. However, the traditional model...more

Gainful Employment and the AACS court decision: What it means for schools

by Thompson Coburn LLP on

On June 28, 2017, the D.C. District Court issued its opinion and order in the matter of the American Association of Cosmetology Schools (“AACS”) v. the U.S. Department of Education. AACS challenged the Department’s Gainful...more

New Immigration Policies Lead to Decline in Foreign Student Applications at U.S. Universities

by Murtha Cullina on

Coming to the United States in order to attend an educational institution is oftentimes the first step foreign individuals will take on their long journey to fulfilling their American Dream. For example, a foreign student may...more

Blog: Last Minute Reprieve in GE Rule

by Cooley LLP on

With minutes to spare before the close of business today, the Department of Education (ED) issued a Notice in advance of official publication in the Federal Register, announcing a delay in a number of requirements relating to...more

Feds Align IDEA Regulations with ESSA Requirements

by Barley Snyder on

With changes to other federal regulations, the U.S. Department of Education needed to do some updating of its own rules. That came Friday morning, when the department issued final regulations under Part B and C of the...more

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

by Clark Hill PLC on

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Special Education Tip – Put Your Hands Over Your Ears – 54-2017

by Pessin Katz Law, P.A. on

Put Your Hands Over Your Ears - It is always a good time to remember what you do not want to hear at IEP team meetings. The following has been heard at recent meetings...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

“Big Data” and Student Privacy Create Tensions for Lawmakers and Educators

by McGuireWoods LLP on

“Big data” in the education context refers to the massive amount of information collected by K-12 schools and higher education institutions on student socio-economics, race and sex, test performance, academic performance,...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

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