News & Analysis as of

Students Disability

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Husch Blackwell LLP

U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

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On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and...more

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

TNG Consulting

NPRM: Additional Protections for Students with Disabilities Involved in the K-12 Title IX Grievance Process

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There are two federal laws that primarily govern the rights of K-12 students with disabilities: Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA)....more

Bond Schoeneck & King PLLC

New Law Requires Same-Day Parental Notification for Use of Restraints or Time Out Rooms

On Aug. 17, 2022, Gov. Hochul signed into law Senate Bill S7548A which requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are...more

Steptoe & Johnson PLLC

OCR Releases Resource on School Re-openings and Student Rights

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The U.S. Department of Education’s Office for Civil Rights (“OCR”) has published an extended Q&A designed to support educational institutions in protecting student rights and interests within the context of both virtual and...more

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

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The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...more

Ballard Spahr LLP

State Student Loan Officials Unite To Seek Automatic Federal Student Loan Discharges For Disabled Borrowers

Ballard Spahr LLP on

Taking a step that undoubtedly presages further coordinated action, state officials holding the title of Student Loan Ombudsman or comparable titles sent a joint letter to Department of Education Secretary Betsy DeVos and...more

Harris Beach PLLC

New York State Board of Regents Amends Regulations Governing Inclusive Athletic Activities

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The New York State Board of Regents recently adopted an emergency rule that amends the Commissioner of Education’s Regulations governing participation in inclusive athletic activities, also known as “unified sports.” This...more

Patrick Malone & Associates P.C. | DC Injury...

Health care has its share of gaming by the deep-pocketed and powerful

The rich and powerful may seem to run amok as the nation lurches through its latest gilded age. But sometimes...more

Fox Rothschild LLP

Court Finds Medical Condition May Trigger ‘Child Find’ Obligations

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Even a condition that seems purely medical may trigger Child Find duties for school officials under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act, particularly if there were “warning...more

Chambliss, Bahner & Stophel, P.C.

A New Congressional Effort to Curb Restraint and Seclusion in Schools

Lawmakers have introduced new bills in both houses of Congress seeking to end schools’ use of dangerous disciplinary techniques traditionally employed disproportionately against students with disabilities. The Keeping All...more

Harris Beach PLLC

Tis the Season for School Field Trips; Are You Including Students with Disabilities?

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A school district’s duty to accommodate students with disabilities extends beyond the classroom setting into field trips and other offsite, school-sponsored activities. School districts must accommodate students with...more

Morrison & Foerster LLP - MoFo+

MoFo Secures School District Settlement Requiring Major Improvements to Services for Students with Disabilities

New York State’s Mount Vernon School District will be required to significantly improve its compliance rate with laws and regulations governing the education of students with disabilities....more

Harris Beach PLLC

New York State Education Department Releases Guidance on Law Related to Dyslexia, Dysgraphia and Dyscalculia

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The New York State Education Department (NYSED) recently released guidance related to students with dyslexia, dysgraphia, and dyscalculia. As we informed you through a Legal Alert issued in September 2017, the Commissioner...more

Harris Beach PLLC

Diploma Safety Net Option Expanded for NYS Students with Disabilities

Harris Beach PLLC on

In December 2017, the Board of Regents adopted new emergency regulations that expanded the “superintendent determination” option for students with disabilities seeking to earn a local diploma upon high school graduation. ...more

Tucker Arensberg, P.C.

A Reminder of OCR Guidance Regarding Students With ADHD

Tucker Arensberg, P.C. on

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more

Best Best & Krieger LLP

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

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

Seyfarth Shaw LLP

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

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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

Franczek P.C.

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

Franczek P.C. on

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

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

Burns & Levinson LLP

Top 4 Questions About Divorce and Special Education

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Divorce is more common than ever. According to the Center for Disease Control, another trend on the rise is the prevalence of Attention Deficit Disorder (“ADD”) and Attention Deficit Hyperactive Disorder (“ADHD”) diagnosed in...more

Cooley LLP

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

Cooley LLP on

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

Ballard Spahr LLP

Service animals in residence halls – an overview of federal requirements

Ballard Spahr LLP on

Increasingly, students with disabilities bring service animals to college campuses. This means that educational institutions must sort through an array of competing federal and state laws governing the use of such animals in...more

Franczek P.C.

Court Says Schools Must Provide Extended School Year Services In A Student's Least Restrictive Environment

Franczek P.C. on

Earlier this month, the U.S. Court of Appeals for the Second Circuit determined that a school district must provide extended school year (ESY) services in a student’s least restrictive environment (LRE)....more

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