News & Analysis as of

Office of Civil Rights Students Public Schools

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

Miller Canfield on

Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more

Husch Blackwell LLP

Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education

Husch Blackwell LLP on

On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Miles & Stockbridge P.C.

Department of Education Issues Proposed Title IX Amendment Regarding Athlete Eligibility

The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...more

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

BCLP on

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Franczek P.C.

OCR Decision Highlights Common Child Find Red Flags

Franczek P.C. on

A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district...more

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more

Jaburg Wilk

Bias in Education: Navigating Student Discrimination Claims in Arizona

Jaburg Wilk on

Students who attend elementary and secondary school systems, colleges and universities, vocational schools, and proprietary schools that receive federal funding have federally protected rights against discrimination on the...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

Pullman & Comley - School Law

Does Transgender Bathroom Use Create A Sexually Hostile Environment? OCR And The Decatur Public Schools

In a worst-case scenario, the mother of a kindergarten student in the Decatur, Georgia Public Schools has claimed that a “gender fluid” student sexually assaulted her daughter while using the girls bathroom at the students’...more

Fisher Phillips

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...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

Saul Ewing Arnstein & Lehr LLP

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is the Joint DOJ and OCR Guidance on Discrimination in K-12 Student Discipline a Warning Shot for Colleges and Universities?

We’ve known it was coming for at least a year, and on January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), in conjunction with the Civil Rights Division of the U.S. Department of Justice (DOJ),...more

Franczek P.C.

OCR Decision Reminds School Districts To Conduct Prompt, Thorough Investigation Of Student Sexual Harassment And Violence Claims

Franczek P.C. on

Mlive.com and the NSBA Legal Clips recently reported that a Michigan School entered into an agreement with the Department of Education Office for Civil Rights (“OCR”) to resolve allegations that the district failed to...more

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