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Disability Discrimination Students

TNG Consulting

I Like Spaghetti, But Not in Title IX Hearings

TNG Consulting on

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...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

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

Roetzel & Andress on

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...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

Roetzel & Andress on

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

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DirectEmployers Association

OFCCP Week In Review: March 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Schools Should Remember That Bad Behavior Is Not A Medical Issue

Fisher Phillips on

Schools are full of teachers and administrators who want to help children reach their potential. It’s not surprising, then, that the vast majority of educators want to give students the benefit of the doubt when there is a...more

Chartwell Law

New Precedent Set By the Pennsylvania Commonwealth Court on the Medical Marijuana Act

Chartwell Law on

On October 29, 2020, the Commonwealth Court of Pennsylvania set a new precedent by holding that Pennsylvania’s Medical Marijuana Act (MMA) did not safeguard a medical student from her college’s zero-tolerance drug policy. The...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

Cozen O'Connor on

In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Franczek P.C.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

Franczek P.C. on

When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...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

Franczek P.C.

Marijuana, Medication, and Minors, Oh My! New Medication Laws For Schools

Franczek P.C. on

You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more

Franczek P.C.

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

Franczek P.C. on

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Carlton Fields

No Soup for You!

Carlton Fields on

An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial. ...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

Fisher Phillips

Web Exclusive: Emotional Rescue? Emotional Support Animals In Schools

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Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more

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