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Education Civil Rights

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Diploma Safety Net Option Expanded for NYS Students with Disabilities

by 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

Dr. King’s Message Rings True Today In The Context Of The LGBTQIA Community

Martin Luther King, Jr. wrote from a jail cell in Birmingham in 1963, "[t]here are two types of laws: there are just laws and there are unjust laws....How does one determine when a law is just or unjust?...Any law that...more

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

by Littler on

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

Commentary: Tartikov v. Pomona and RLUIPA

by Pessin Katz Law, P.A. on

Over the years, I’ve represented a number of churches and synagogues in their pursuit of zoning and development approvals to build places of worship. In my consultations with these clients, inevitably someone says something...more

Education Newsletter: Volume 2 Number 1

by Dickinson Wright on

ARIZONA - Chandler, Arizona - In August and September reports came to light of victims of alleged hazing and sexual assault at Hamilton High School. The reported incidents were shocking. Assaults occurred between...more

Between Scylla and Charybdis: the reasonable accommodation dilemma

by Kirton McConkie PC on

DISABILITY DISCRIMINATION - In Greek mythology, two sea monsters—Scylla and Charybdis—lived on opposite sides of the Strait of Messina between Italy and Sicily. The monsters were located in such proximity to each other...more

See You In Court! - January 2018

by Shipman & Goodwin LLP on

Mr. Superintendent was hoping that the first meeting of the Nutmeg Board of Education after the holidays would be uneventful, maybe even boring. It was not to be. During Public Comment, Peter Parent gave an impassioned speech...more

CAS Legal Mailbag Question of the Week – December, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As principal of an elementary school, I welcomed a new family to our school at the beginning of the school year. Mom and dad enrolled their eight-year-old son and their six-year-old daughter last...more

Title IX: Fair Campus, Foul Weather

With Education Secretary Betsey Devos much in the news over possible changes to the Dear Colleague letter promulgated by the DOE’s Office of Civil Rights, this note by me and my Lightfoot colleagues Brandon Essig and Clint...more

News Now: Your One Minute Legal Insight (New Judges, Wedding Cakes, and School Vouchers)

by Sherman & Howard L.L.C. on

As always, there’s plenty of public law news to cover this month from Colorado and beyond. Here are your highlights...more

CAS Legal Mailbag Question of the Week – December, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, life is always interesting and I have learned a lot. However, last week something came up that I have heard about but never had to address. Originally published...more

Department of Education Issues Guidance on Endrew F.

by Franczek Radelet P.C. on

The U.S. Department of Education recently issued a Q&A document providing guidance on the issues the U.S. Supreme Court addressed in its decision in Endrew F. v. Douglas County School District Re-1. The document explains the...more

Securities Fraud Action Based Upon DeVry University's Representations About Graduate Employment Rates Was Dismissed Because...

by Shearman & Sterling LLP on

On December 6, 2017, the United States District Court for the Northern District of Illinois dismissed a securities fraud lawsuit brought against DeVry Education Group, Inc. and several of its executives (“DeVry”), with leave...more

Office of Special Education and Rehabilitative Services Issues Q&A Guidance on FAPE Standard Under Endrew F.

by Hodgson Russ LLP on

As we previously reported, the United States Supreme Court’s recent decision in Endrew F. v. Douglas County School District RE-1 addressed the standards by which schools must provide students with disabilities a free...more

U.S. Department of Education Assesses Implications of High Court’s Decision

by Barley Snyder on

The U.S. Department of Education has issued a Questions and Answers on the U.S. Supreme Court’s March decision in Endrew F. v. Douglas County School District....more

Title IX Procedures and The Need for Fairness to All Parties

by Shipman & Goodwin LLP on

Recent headlines make clear that sexual harassment is a serious problem in our society. It has also been a focus of attention on school campuses. Since the adoption of Title IX, colleges and universities, as well as other...more

Increased Focus For School Website Accessibility

by Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Oklahoma jury awards transgender employee $1.165 million

by McAfee & Taft on

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more

The elements of Title IX liability in Feminist Majority Foundation V. University of Mary Washington and K.T.V. Culver-Stockton...

Two recent federal court cases delineate the requisite elements of a Title IX deliberate indifference claim brought by students against educational entities. In Feminist Majority Foundation v. University of Mary Washington,...more

U.S. Department of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

More Federal School Guidance Documents Come off the Ledger

by Barley Snyder on

The federal government has wiped away a host of special education guidance documents created over the past 30 years that it deemed antiquated....more

Limiting Title IX Liability in DOE V. The Citadel

A decision issued by the Court of Appeals of South Carolina underscores the limitations of college and university liability under Title IX. In John Doe v. The Citadel, the court declined to extend standing to sue under Title...more

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

by Franczek Radelet 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

Endrew F. In The Second Circuit – How Is The Court Applying The New Standard

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

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