Topic: U.S. Department of Education

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”).  As the definition of “family” changes and broadens, it is important for schools to know who has the right to…

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Flushed: Supreme Court Vacates Fourth Circuit’s Title IX Transgender Bathroom Decision in Gloucester County v. G.G.

In a not particularly surprising development, on March 6, 2017, the United States Supreme Court vacated the United States Court of Appeals for the Fourth Circuit’s judgment in the controversial case of Gloucester County School Board v. G.G. and remanded it to the Fourth Circuit for further consideration. Click here to read the order.  The…

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Governor Malloy Issues Executive Order On Transgender Students’ Use of Bathrooms in Public Schools

On Wednesday, President Trump’s administration decided to rescind, pending further review, the Obama administration’s federal guidance that requires transgender students receive access to the restrooms and locker rooms of their chosen gender identity. In response, Governor Malloy yesterday issued his own Executive Order that essentially renders the President’s action void in Connecticut and requires Connecticut’s…

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Making Different Choices: Navigating University Grievance Procedures Under Title IX in MOORE v. TEMPLE UNIVERSITY

A recent decision by the United States Court of Appeals for the Third Circuit in Moore v. Temple University serves as a cautionary lesson for those seeking to pursue an action under Title IX of the Education Amendments of 1972.  More specifically, the Third Circuit affirmed the trial court’s entry of summary judgment in favor…

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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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Connecticut’s U.S. Attorney to Focus on Discrimination in Schools

Educational institutions – including public and private schools, colleges, and universities – may have to defend various types of discrimination claims brought by students, and in various arenas.  In addition to federal court litigation of Title IX sex discrimination and sexual harassment cases (which are much in the news lately), schools must also respond to…

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Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on students. The guidance comes about a year after the U.S. Supreme Court declined to hear an appeal of lower courts’ rulings…

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