News & Analysis as of

Due Process Public Schools Students

Clark Hill PLC

Ninth Circuit: Schools Cannot Add New Charges and Penalties Without Specific Notice and Meaningful Opportunity to Respond

Clark Hill PLC on

In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

Miller Nash LLP on

Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...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

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

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

Tucker Arensberg, P.C. on

T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....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

Franczek P.C.

Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?

Franczek P.C. on

A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

Tucker Arensberg, P.C. on

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

Franczek P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

Franczek P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Pullman & Comley - School Law

Connecticut State Department of Education Due Process Hearing Decisions for the 2013 Calendar Year: A Summary

During 2013, the State Department of Education handled approximately 239 requests for due process hearings to resolve issues with student special education programs. Of those requests, only a small minority were resolved by a...more

Franczek P.C.

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

Franczek P.C. on

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

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