News & Analysis as of

Students Public Schools Disability Discrimination

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

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

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

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

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

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

Fisher Phillips

Web Exclusive: Emotional Rescue? Emotional Support Animals In Schools

Fisher Phillips on

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

Franczek P.C.

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

Franczek P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...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

Pullman & Comley - School Law

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

Best Best & Krieger LLP

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Seyfarth Shaw LLP

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Seyfarth Shaw LLP

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Franczek P.C.

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

Franczek P.C. on

The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

Tucker Arensberg, P.C.

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

Tucker Arensberg, P.C. on

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

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