News & Analysis as of

Due Process Students School Districts

TNG Consulting

Navigating Disability, Conduct, and Due Process in Higher Education

TNG Consulting on

Navigating the intersections of disability, student conduct, and due process is no easy task for higher education professionals. Balancing legal, ethical, and procedural responsibilities in disability-related behavioral...more

TNG Consulting

Using Pattern-Based Evidence in Title IX Investigations and Decision-Making 

TNG Consulting on

In Title IX investigations and decision-making processes, especially in word-against-word complaints where direct evidence is limited, pattern evidence can provide valuable clarity. When available and applicable, it offers a...more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

Miller Nash LLP on

Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

Fisher Phillips on

As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

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

Franczek P.C.

Trends in Due Process Litigation

Franczek P.C. on

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

Tucker Arensberg, P.C. on

T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Franczek P.C.

Bullying and Special Education in the New Decade: What You Need to Know

Franczek P.C. on

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

Tucker Arensberg, P.C. on

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

Brooks Pierce

Student’s Poor Motivation May Be Fatal To An IDEA Claim Premised On A School District’s Procedural Violation

Brooks Pierce on

School districts have an additional defense in their arsenal when faced with an alleged procedural violation of the IDEA: the student’s own poor motivation. The United States Fourth Circuit Court of Appeals, whose...more

Tucker Arensberg, P.C.

Student Assaulted By Classmate Cannot Sue School District for Violation Of Constitutional Rights

Tucker Arensberg, P.C. on

D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

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