News & Analysis as of

Reasonable Accommodation Public Schools

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Fisher Phillips

Top 6 Workplace Law Predictions for Education Employers – and What You Should Do to Prepare

Fisher Phillips on

We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more

Bricker Graydon LLP

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

Bricker Graydon LLP on

A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more

Tucker Arensberg, P.C.

Two Allegheny County School Districts Must Universally Mask Despite Mixed Messages From the Federal District Courts

Tucker Arensberg, P.C. on

Last week, two federal judges of the United States District Court for the Western District of Pennsylvania came to seemingly opposite conclusions regarding universal masking requirements in Allegheny County schools. In...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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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

Pullman & Comley - School Law

Governor Lamont Orders Mandatory COVID-19 Vaccinations For Most School Employees and Contractors

In the next installment of what appears to be the ever-moving target of mandatory vaccinations for Connecticut school employees, the Governor issued Executive Order 13D (the “Order”) delineating the state’s requirements for...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

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

Oregon Enacts Employment Protections for Hairstyles and Other Physical Characteristics Historically Associated With Race

On June 11, 2021, Oregon Governor Kate Brown signed into law House Bill 2935, also known as the CROWN Act (Creating a Respectful and Open World for Natural Hair), joining several other states in explicitly prohibiting...more

Pullman & Comley - School Law

The End Of The Religious Exemption To Immunizations For Students In Connecticut Schools?

As we were all reminded when discussing the COVID-19 vaccine, https://schoollaw.pullcomblog.com/archives/covid-19-testing-and-eventually-hopefully-vaccines-what-can-the-schools-require/ Connecticut law (via Connecticut...more

Nelson Mullins Riley & Scarborough LLP

9 Landmark Cases in U.S. History that Protected the Rights of People with Disabilities

At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more

Womble Bond Dickinson

For Emergency Use Only?

Womble Bond Dickinson on

While requiring vaccinations for school attendance and in some occupations is common, the issue of employers requiring vaccination for COVID-19 is currently a hot topic. There is currently no Food and Drug Administration...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

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

Perkins Coie

New Legislation Lets Students Use Medical Marijuana at School

Perkins Coie on

Washington Governor Jay Inslee signed into law legislation in April 2019 that requires school districts to allow parents and guardians to administer to their child marijuana-infused medications on school grounds, in school...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

Ruder Ware

School District Ordered to Allow Student to Use Medical Marijuana in Classroom

Ruder Ware on

A recent decision from a federal court in Illinois has opened the door to significant debate regarding the use of medical marijuana in a school setting. The Schaumburg, IL School District has been ordered to allow an...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Sands Anderson PC

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Sands Anderson PC on

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Franczek P.C.

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Franczek P.C. on

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Fisher Phillips

The ADA: A Far Cry From the ABCs

Fisher Phillips on

Qualified individuals, reasonable accommodations, undue hardship, fundamental alteration – these terms associated with the Americans with Disabilities Act (ADA) are a far cry from the simplicity of the ABCs, and cause much...more

Best Best & Krieger LLP

Public Bleachers Constructed Prior to the ADA Don't Need Additional Improvements if a Viable Alternative is Offered

Published Case Provides Blueprint for Viable Alternative Seating - The Ninth Circuit has ruled that the Americans with Disabilities Act does not require a public entity to structurally alter existing bleacher seating...more

Bennett Jones LLP

York University, Religious Accommodation, and the Absence of Bright Lines

Bennett Jones LLP on

York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request...more

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