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
6/16/2025
/ Americans with Disabilities Act (ADA) ,
Bad Faith ,
Civil Rights Act ,
Disability Discrimination ,
Evidentiary Standards ,
OCR ,
Public Schools ,
Rehabilitation Act ,
School Districts ,
School Policies ,
SCOTUS ,
Special Education ,
Students ,
Title II
On March 20, 2025, President Donald J. Trump signed an Executive Order (“EO”) titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to undertake all...more
3/24/2025
/ Charter Schools ,
Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
IDEA ,
Public Schools ,
Regulatory Reform ,
Students ,
Title I ,
Trump Administration
Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more
On November 15, 2023, the U.S. Court of Appeals for the Sixth Circuit issued a decision that underscores the importance of ensuring proper steps are taken when Title IX complaints are first received by a school for sexual...more
On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....more
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
3/23/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compensatory Damages ,
Disability Discrimination ,
Dispute Resolution ,
Due Process ,
Educational Institutions ,
Exhaustion Doctrine ,
IDEA ,
Public Schools ,
School Districts ,
SCOTUS ,
Special Education ,
Students
On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities.
In Mahanoy, a...more