Students

News & Analysis as of

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Special Education Tip – Updating the IEP – 40-2017

When you hold an annual review, do not skip pages in the IEP. For instance, the Parental Input section should be different from year to year. It may be the same message, but at least change the wording....more

Latest Developments from the Connecticut General Assembly: The Education Committee Begins to Speak

The General Assembly’s Education Committee is beginning the process of approving bills. The following is a listing (with a brief description) of the proposed bills that Education Committee voted favorably on and advanced...more

Supreme Court Sends Transgender Student Case Back to Lower Court; Other Case Worth Watching

Following revocation of Obama Administration transgender guidance, the U.S. Supreme Court has vacated the U.S. Court of Appeals for the Fourth Circuit’s determination that a transgender student had shown a likelihood of...more

[Webinar] Gainful Employment Disclosures and Student Warnings - March 23rd, 12:00pm Central Time

This advanced-level webinar will focus on the new 2017 GE Disclosure Template that all institutions with gainful employment programs must start distributing by April 3, 2017. The webinar will review the content of the...more

School Districts: U.S. Supreme Court Remands Transgender Case Back to Lower Court (3/17)

On March 6, 2017, the U.S. Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in the case of Gavin Grimm, a 17-year-old transgender student from Virginia who sought to use the bathroom that corresponds with...more

Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

Supreme Court Remands Gloucester County School Board v. G.G., Will Not Hear Transgender Student’s Case

The Supreme Court will not review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. despite agreeing in October 2016 to do so. The Fourth Circuit’s decision in favor of G.G., a transgender Virginia high...more

A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a...more

CAS Legal Mailbag Question of the Week – March, 2017

Dear Legal Mailbag: I am sick and tired of parents who think that middle school education is unimportant. Every spring, I receive a spate of emails from parents notifying me that they will be taking their children out of...more

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Wonder of Wonders – Supreme Court Opens Door for More Litigation in Cases Involving 504 and the ADA

On February 22, 2017, the Supreme Court issued a decision in Fry v. Napoleon Community Schools et al. A school district had prohibited a student from bringing her service dog, Wonder, to school with her. So the family filed...more

Supreme Court Update: Life Technologies Corp. V. Promega Corp. (14-1538), Fry V. Napoleon Community Schools (15-497), Buck V....

Greetings, Court Fans! Last time we hit your inboxes, Barack Obama was President. To call the ensuing month eventful is something of an understatement. We've seen a primetime Supreme Court nomination, a flood of...more

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

IDEA Exhaustion Rule Applies only to Claims Specifically Involving FAPE

On February 22, 2017, the U.S. Supreme Court issued an important decision concerning the legal remedies that parents have when they feel their disabled child is being ill-served by a school district. This decision discusses...more

More Than A “Bathroom Mandate”: Gender Identity Discrimination Under Titles VII And IX In The Trump Era

In May 2016, the Obama Administration’s U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter directing schools to recognize and treat...more

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a...more

Federal Government Reverses Position on Transgender Students’ Use of School Facilities

Education Alert February 27, 2017 On February 22, 2017, the Department of Education and the Department of Justice withdrew two guidance letters from January 2015 and May 2016 that explained the former administration’s...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Clean Election Funding for Gubernatorial Candidates Being Challenged - Maine’s Clean Election...more

U.S. Department of Justice and Department of Education Rescind Obama Era Guidance on Transgender Students

On February 22, 2017, in its first “Dear Colleague Letter,” the Trump Administration withdrew existing U.S. Department of Justice and Department of Education guidance that interpreted Title IX’s protections against sex...more

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Trump Administration Rescinds Guidance on Title IX and Transgender Students

On February 22, 2017, the U.S. Departments of Education and Justice published a Dear Colleague Letter (DCL) rescinding previous guidance that had sought to protect transgender students' rights. This rolling back of guidance...more

Trump Administration Withdraws Transgender Guidance

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

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

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