The Federal District Court of Kentucky just issued a sweeping ruling vacating the 2024 Title IX Regulations that went into effect on August 1, 2024. The case, State of Tennessee v. Miguel Cardona, is one of numerous cases...more
1/13/2025
/ Arbitrary and Capricious ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Sexual Harassment ,
Students ,
Title IX ,
Transgender ,
Vacated
Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations. The deadline for releasing the new regulations has been pushed back several times...more
4/10/2024
/ Biden Administration ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations. The draft regulations and supporting commentary are approximately 700 pages long and will take some...more
6/27/2022
/ Biden Administration ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
Regulatory Agenda ,
Rulemaking Process ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX
On January 8, 2021, the U.S. Department of Education’s Office of Civil Rights issued a memorandum containing its interpretation of Bostock v. Clayton and its lack of effect on OCR’s interpretation of Title IX. The U.S....more
1/15/2021
/ Bostock v Clayton County Georgia ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
Sexual Orientation Discrimination ,
Statutory Interpretation ,
Student Athletes ,
Title IX ,
Transgender
Despite the US Department of Education’s direction that the new Title IX regulations on sexual harassment will not be enforced retroactively, at least one federal court has disagreed. In Doe v. Rensselaer Polytechnic...more
11/4/2020
/ Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Reform ,
Regulatory Requirements ,
Retroactive Application ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
The new Title IX regulations (the “Regulations”) proscribe very specific things that must occur whenever a formal complaint of sexual harassment is filed, whether against another student or a staff member. ...more
6/1/2020
/ Colleges ,
Complaint Procedures ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The U.S. Department of Education has placed much emphasis lately on its concerns over sexual harassment occurring on college campuses and how colleges are investigating complaints and disciplining students accused of...more
5/29/2020
/ Child Abuse ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Mandatory Reporting Laws ,
Public Schools ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The U.S. Department of Education issued the first revision to its Title IX regulations in 45 years (the “Regulations”). The regulations go into effect August 14, 2020 and make sweeping changes in the way that elementary and...more
5/27/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Public Schools ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The U.S. Department of Education Office of Civil Rights (“OCR”) issued a fact sheet today entitled “Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students.” The fact sheet addresses various...more
As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Public Health ,
School Districts ,
Section 504 ,
Special Education ,
Students
Once again, the Department of Education, Office of Special Education and Rehabilitative Services (“OSERS”) has weighed in on the rights of school districts to limit outside evaluators from accessing school classrooms. The...more
The United States Department of Education’s Office of the Chief Privacy Officer recently issued a guidance letter to a school district indicating that while surveillance video of a hazing incident that involved numerous...more
The Connecticut State Department of Education this morning adopted new standards for expulsions and alternative education. As we discussed back in September, pursuant to Public Act 17-220 the State Department of Education was...more
On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to...more
“And thirdly, the code is more what you’d call “guidelines” than actual rules …” Captain Barbosa in Pirates of the Caribbean: The Curse of the Black Pearl
On September 5, 2017, the State Board of Education’s Legislative and...more
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...more
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...more