The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school...more
Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...more
After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools...more
While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more
Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more
The Indiana State Department of Health (ISDH) recently updated its COVID-19 control measures in response to the resurgence of positive cases across the state, and all employers regardless of industry will be expected to take...more
President Biden signed the American Rescue Plan Act of 2021 into law on March 11, 2021. The Act includes around $1.9 trillion dollars in funding for coronavirus recovery, $39.6 billion of which is appropriated to institutions...more
The election is coming, and political discourse is contentious. How will your institution address speech on campus? Join Bricker attorneys Josh Nolan, Jeff Knight and Jessica Galanos for a discussion on addressing employee...more
Those in the education field should be focused on protecting students. Students should feel safe attending school and college. If they are being physically or sexually assaulted by teachers or coaches, they should be able to...more
School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more
It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more
Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more
Earlier this year, we published an article warning that websites have become the new hotbed of litigation brought under the Americans with Disabilities Act (ADA), and that schools across the country should take note (“Your...more
On November 20, 2018, the U.S. Department of Education’s Office for Civil Rights (OCR) announced the second round of revisions to its Case Processing Manual (CPM) in 2018. The CPM outlines the procedures OCR uses to...more
With the seemingly ever-increasing propensity for America’s youth to resort to violence to resolve conflict—real or imagined—school administrators are collectively searching for guidance in preventing violence before it...more
After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more
Recent events at Marjory Stoneman Douglas High School in Parkland, Florida have caused many in the education community to think about their own campuses and the safety and security measures they have employed over the years....more
President Donald Trump on February 12, 2018, submitted his budget request to Congress for Fiscal Year (FY) 2019. The President's full budget calls for approximately $4.4 trillion in total spending. Much of the budget seeks...more
Medical marijuana first became legal in the U.S. more than 20 years ago when, in 1996, California passed its groundbreaking law. Since then, an increasing number of states have passed their own laws to allow the legal use of...more
Each day we witness various factions in our society establishing a stronger platform from which to launch their voices. It seems what used to be taboo or met with disapproval has now become acceptable speech deserving of a...more
Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more
The first couple of months of the Trump administration have been something of a whirlwind. Many Americans have been glued to their TVs, computer screens, or smartphones on a daily basis, anxiously awaiting the latest news...more
Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s...more