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TNG Consulting

Mandated Risk Assessment of Students: Part Three – K-12 Settings

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In the first installment of this Tip of the Week series, we examined how the authority to mandate a risk assessment is defined, established, and effectively communicated within higher education and K-12 communities. In part...more

Law Matters

On Securing a Preliminary Injunction in a Pro Bono Case Protecting Student Civil Rights – Q&A with Glenn Agre Bergman & Fuentes

Law Matters on

Q&A with Reid Skibell and Jon Friedman, partners at Glenn Agre Bergman & Fuentes, after the firm obtained a preliminary injunction in a pro bono lawsuit brought on behalf of Victim Rights Law Center and two students and their...more

Littler

Student/Exchange Visitor Visa Processing Resumes with Expanded Screening for Social Media

Littler on

Last month the State Department temporarily paused processing of all new student and exchange visitor visa appointments (including F, M, and J visas) at U.S. embassies and consulates worldwide while it developed and expanded...more

Pillsbury Winthrop Shaw Pittman LLP

Georgia Enacts Law Against “Commercial” Cheating

Georgia has enacted SB 213, which amends Georgia’s Fair Business Practices Act of 1975 by banning commercial cheating services marketed to students and examinees seeking a professional license. The new law will go into effect...more

TNG Consulting

Should Clinicians on BITs Evaluate Risk?

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Clinicians play a crucial role in Behavioral Intervention Teams (BITs) and may be tasked with conducting certain types of risk assessments. However, this responsibility may not always align with their role. Their expertise is...more

Partridge Snow & Hahn LLP

Higher Ed: New Lawsuit Challenges Federal Grant Program for Hispanic-Serving Institutions

A new lawsuit will test the legality of grant programs of the U.S. Department of Education for colleges and universities, charging that these programs unlawfully discriminate based on race or ethnicity....more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more

TNG Consulting

Mandated Risk Assessment of Students: Part Two – Higher Education 

TNG Consulting on

The first Tip of the Week in this series explored how the authority to mandate a risk assessment is established and communicated within any educational community. In this second installment, we focus on the steps to take once...more

TNG Consulting

Using Pattern-Based Evidence in Title IX Investigations and Decision-Making 

TNG Consulting on

In Title IX investigations and decision-making processes, especially in word-against-word complaints where direct evidence is limited, pattern evidence can provide valuable clarity. When available and applicable, it offers a...more

Bond Schoeneck & King PLLC

Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more

Tucker Arensberg, P.C.

Failure to Address Harassment Supports Discrimination Claims

Tucker Arensberg, P.C. on

Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024).  After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the School District...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - June 2025

Marshall Dennehey on

Pennsylvania Recognizes 15 Postsecondary Institutions for Efforts to Support Student Mental Health and Prevent Suicide - Pennsylvania Department of Education Press Release - May 27, 2025 - Philadelphia, PA - At Temple...more

Clark Hill PLC

SCOTUS’s Ames Decision Provides a Roadmap for Title IX Lawsuits Brought by Male Plaintiffs

Clark Hill PLC on

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264 (U.S. June 5, 2025), the Supreme Court held unanimously that the “background circumstances” rule imposed by some lower courts, requiring members of a...more

Jackson Lewis P.C.

SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student...

Jackson Lewis P.C. on

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more

Poyner Spruill LLP

SCOTUS Rules Bad Faith or Gross Misjudgment Not Required for Students to Establish Section 504 or ADA Claims Against School...

Poyner Spruill LLP on

On June 12, 2025, the United States Supreme Court unanimously held that claims based on educational services brought under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of...more

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

TNG Consulting

Hiring an External Title IX Investigator 

TNG Consulting on

Published on: June 16, 2025 An ATIXA Tip of the Week by Joseph Vincent, M.L.S. Hiring an external investigator to conduct a Title IX investigation can be expensive, and it’s not always necessary. Many institutions have...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - June 2025

Marshall Dennehey on

Third Circuit Upholds Award of Attorneys’ Fees Despite Student’s Loss Before Administrative Law Judge - Augustyn v. Wall Twp. Bd. of Educ., No. 23-3156, 2025 WL 1352259 (3d Cir. May 9, 2025) - The student was unsuccessful...more

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

TNG Consulting

Mandated Risk Assessment of Students: Part One – Authority to Mandate

TNG Consulting on

At NABITA, we are often asked whether a Behavioral Intervention Team (BIT), CARE team, Behavioral Threat Assessment and Management (BTAM) team, or, in some instances, the Threat Assessment Team (TAT) has the authority to...more

TNG Consulting

When the Academic Year Ends and the Title IX Complaint is Still Open 

TNG Consulting on

As the academic year draws to a close, Title IX practitioners may feel increased pressure to resolve outstanding Title IX complaints before graduation, summer breaks, and other transitions. The Office for Civil Rights (OCR)...more

TNG Consulting

Procedural Fairness Beyond the 2020 Title IX Regulations 

TNG Consulting on

Given that it appears the 2020 Title IX Regulations will remain the regulatory law of the land for at least the next several years, the Title IX field is once again working with a prescriptive set of regulations applicable to...more

Jackson Walker

Presidential Proclamation Halts Foreign Student Visas at Harvard University

Jackson Walker on

On June 4, 2025, President Trump issued a Presidential Proclamation restricting the issuance of foreign student visas at Harvard University. Two days later, on June 6, 2025, a Massachusetts federal district court granted...more

Shipman & Goodwin LLP

Special Education Legislative Update

Shipman & Goodwin LLP on

In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and non-exhaustive overview of the...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

Clark Hill PLC on

On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

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