Topic: U.S. Department of Education

A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education That Must Be Provided To Special Education Students

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is owed special education students under the IDEIA. The case involves an autistic child who is referred to…

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Homework for 2017 – Making Sure Your District’s Wellness Policy is Up to Date!

Has your district finished its 2016 homework?  Is the date June 30, 2017, circled on your calendar?  If not, maybe it should be because June 30, 2017, is the deadline by which all local educational agencies that participate in the National School Lunch Program (“NSLP”) and School Breakfast Program (“SBP”) need to comply with expanded…

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OSEP Speaks Again: Ensure Your Evaluations Address All Areas of Potential Concern

On October 22, 2016, the US Department of Education’s  Office of Special Education Programs (“OSEP”), via its latest informal guidance/opinion letter (“Letter to Carroll”), once again addressed whether, once a school district’s evaluation is complete and the parents communicate a desire for a child to be assessed in an area in which they have not previously…

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Trump and Transgender Student Rights — An Early Decision For The President-Elect In Gloucester County School Board v. G.G.?

Well here we are. We will soon have a new president.  As we move away from the “hows” and “whys” of the election and on to the “whats” of President-Elect Trump’s impending presidency there are a wide-number of education law issues to consider.  For instance, the “School Choice And Education Opportunity Act” – a major…

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I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was based on their interpretation of Title IX of the Education Amendments of 1972, which is a federal law prohibiting gender-based discrimination in…

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Transgender Student Issues – The FEDs Speak, But Is It Really News In Connecticut?

On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with respect to transgender students; the Departments also issued a document entitled “Samples of Policies and Emerging Practices for Supporting…

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Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving Ellis Kempf v The Michigan High School Athletic Association. In his lawsuit, the wrestler, Ellis Kempf, alleged that the Association had, in part,…

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Testing, One, Two…. The United States Department of Education’s New Plan For Standardized Testing

This article was originally published in the December 2015 issue of the CABE Journal. Dramatically reversing its prior position on standardized testing, the federal government has concluded that perhaps it has been subjecting public school students to too much of it. On October 24, 2015, the United States Department of Education, or “DOE,” issued a…

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Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of greater interest, Yeasin addresses, at least implicitly, the question of whether Title IX requires colleges and universities to address gender discrimination that occurs…

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Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.”  That is much the same approach taken by the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] when it…

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