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Educational Institutions Students School Districts

Shipman & Goodwin LLP

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary Schools

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The Supreme Court’s recent decision in Mahmoud v. Taylor has raised new considerations for districts faced with requests from parents to excuse students from instruction they believe is at odds with their religious beliefs. ...more

TNG Consulting

Navigating Disability, Conduct, and Due Process in Higher Education

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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

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more

TNG Consulting

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

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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

Bond Schoeneck & King PLLC

Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more

Jackson Lewis P.C.

SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student...

Jackson Lewis P.C. on

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more

Poyner Spruill LLP

SCOTUS Rules Bad Faith or Gross Misjudgment Not Required for Students to Establish Section 504 or ADA Claims Against School...

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On June 12, 2025, the United States Supreme Court unanimously held that claims based on educational services brought under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of...more

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - June 2025

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Third Circuit Upholds Award of Attorneys’ Fees Despite Student’s Loss Before Administrative Law Judge - Augustyn v. Wall Twp. Bd. of Educ., No. 23-3156, 2025 WL 1352259 (3d Cir. May 9, 2025) - The student was unsuccessful...more

TNG Consulting

Mandated Risk Assessment of Students: Part One – Authority to Mandate

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At NABITA, we are often asked whether a Behavioral Intervention Team (BIT), CARE team, Behavioral Threat Assessment and Management (BTAM) team, or, in some instances, the Threat Assessment Team (TAT) has the authority to...more

Shipman & Goodwin LLP

Special Education Legislative Update

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In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and non-exhaustive overview of the...more

Fisher Phillips

New Civil Rights Fraud Initiative Puts More Pressure on Higher Ed and K-12 Schools Receiving Federal Funding: What to Do in...

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Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more

Bond Schoeneck & King PLLC

New York State Education Law Regarding Substantial Equivalency Is Modified by Budget Legislation

On May 8, 2025, the New York State Legislature passed the state’s budget legislation and, on May 9, 2025, Governor Hochul approved it. The legislation included several provisions that modified the New York State Education...more

Bricker Graydon LLP

[Event] June Bridge Series - June 5th, Cincinnati, OH

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BUILDING STRONGER FUTURES THROUGH EDUCATION. Join us for a powerful conversation about what it really takes to support students, schools, and communities. Our next Bridge Series brings together voices from education,...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Kohrman Jackson & Krantz LLP

Dialing Down the Distractions: New Ohio Bill Aims to Ban Cellphone Usage in the Classroom

Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns among educators, parents,...more

Fisher Phillips

Data Security and International Travel: What K–12 Schools and Trip Chaperones Need to Know

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As global learning experiences become more common in K–12 education, schools increasingly send staff and students abroad for cultural exchanges, academic competitions, service trips, and more. While these trips offer...more

Fisher Phillips

Trump Issues 7 New Executive Orders Impacting Higher Ed and K-12 Schools, Ranging From DEI to Discipline to AI

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President Trump just issued a wave of education-related executive orders – seven, to be exact – impacting both higher education and K-12 schools. Educational institutions need to tune in and catch up, and we’ve compiled this...more

Marshall Dennehey

Ohio Law Does Not Conflict with the Individuals with Disabilities in Education Act

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The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities to a free appropriate...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

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Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Tucker Arensberg, P.C.

Court Limits Title IX / Civil Rights Claims Against Participating Districts in Technology Centers

B.W. v. Career Technology Center of Lackawanna County, 2024 W.L. 4300718 (M.D. Pa. 2024). On various claims arising from alleged abuse of former students, Federal District Court denies summary judgment for career technology...more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

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Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

McGlinchey Stafford

Trump on Education: ICE Policy Reversal’s Impact on Schools

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Since 2011, the U.S. Immigration and Customs Enforcement (ICE) has been restricted by policy from conducting raids and other immigration enforcement actions in “sensitive locations” like schools, churches, and hospitals....more

Husch Blackwell LLP

Supreme Court to Hear Case on Legal Standard for Cases Brought by Students with Disabilities

Husch Blackwell LLP on

The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v....more

Dickinson Wright

Protecting Students and Schools: Guidance on Federal Agent Presence

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The Department of Homeland Security (“DHS”) has historically maintained a “sensitive spaces” or “protected areas” policy which restricted the U.S. Immigration and Customs Enforcement (“ICE”) agents from making arrests in...more

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