News & Analysis as of July 31, 2025

Public Schools

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

Parker Poe Adams & Bernstein LLP on 5/7/2025

The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

Parker Poe Adams & Bernstein LLP on 2/4/2025

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

New Executive Order Addressing “Radical Indoctrination in K-12 Schooling”: What School Leaders Need to Know

Miller Nash LLP on 1/30/2025

On January 29, 2025, President Trump issued an Executive Order (“Order”) entitled “Ending Radical Indoctrination in K-12 Schooling.” The Order asserts that “schools indoctrinate children in radical, anti-American ideologies...more

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

BCLP on 1/17/2025

On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Ready, Set, Wait: Eleventh Circuit Grants Last-Minute Title IX Injunction in Southeastern States

Parker Poe Adams & Bernstein LLP on 8/2/2024

Less than 24 hours before classroom bells were set to ring in schools across the southeastern United States, the Eleventh Circuit Court of Appeals issued an order administratively blocking the implementation of the 2024 Title...more

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

Brooks Pierce on 4/24/2024

On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of...more

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

Best Best & Krieger LLP on 7/14/2017

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

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

Hogan Lovells on 2/23/2017

On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...more

New Administration Signals Change on Support of Transgender Guidance

Franczek P.C. on 2/13/2017

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

Seyfarth Shaw LLP on 11/22/2016

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

Franczek P.C. on 8/11/2016

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

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