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Students Rehabilitation Act

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

Marshall Dennehey on

Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

Roetzel & Andress

U.S. Department of Education’s Office for Civil Rights Releases 4 New Resource Documents Addressing Students With Disabilities...

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On February 20, 2024, the U.S. Department of Education's Office for Civil Rights (OCR) released four (4) new resource documents on students with disabilities, reminding students with disabilities and K-12 schools (as well as...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

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Jackson Lewis P.C.

Department of Education Releases New Guidance on Pregnancy and Related Conditions

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based...more

Tucker Arensberg, P.C.

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

Tucker Arensberg, P.C. on

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Roetzel & Andress

504 Regulations Will Be Amended: Get Your Comments In

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The U.S. Department of Education made a recent announcement that it intends to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of...more

Jackson Lewis P.C.

Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

Jackson Lewis P.C. on

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Responding to Student Disability Accommodation Requests in the New Normal: You want to do what? We can’t do that...or...

A year after COVID-19 shuttered doors and opened a new world of online remote learning, K-12 schools, colleges, and universities are facing an increase in the number and type of student accommodation requests. The 2020 shift...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Troutman Pepper

Involuntary Withdrawal Policies: No Room for Mental Health Stereotypes in a Fair Process

Troutman Pepper on

In a recent blog post, ACE General Counsel Peter McDonough outlined principles recognized by the U.S. Department of Education’s Office for Civil Rights (OCR) as guideposts to avoid running afoul of the Americans with...more

Fox Rothschild LLP

School’s Ban On Medical Marijuana OK Under Federal Disability Law

Fox Rothschild LLP on

A federal court in New Mexico has held that school entities do not have to permit the presence or use of medical marijuana on school grounds under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the...more

Fisher Phillips

Learning Through The Haze: Accommodating Medical Marijuana In The School Setting

Fisher Phillips on

Over the past few years, we have seen a steadily increasing number of states enact legislation legalizing marijuana for recreational or medical use. There are currently a total of 34 states, the District of Columbia, Guam,...more

Fox Rothschild LLP

Court Finds Medical Condition May Trigger ‘Child Find’ Obligations

Fox Rothschild LLP on

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

Husch Blackwell LLP

Special Education “Clean Up” From ED: Trump Administration Rescinds 72 Special Education Guidance Documents

Husch Blackwell LLP on

On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the...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

Franczek P.C.

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

Franczek P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...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.

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

Franczek P.C. on

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...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

Pullman & Comley - School Law

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

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