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School Districts Educational Institutions

Sands Anderson PC

Schools Required to Show their Responses are “Reasonably Calculated” to End Harassment Under Title IX

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In Blair v. Appomattox County School Board, the Fourth Circuit Court of Appeals reiterated how educators are judged under Title IX when responding to peer-on-peer sexual harassment allegations.  The Court said it is not...more

Goldberg Segalla

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

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In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)....more

Fisher Phillips

Game Changer? FAQs for Georgia Schools About the New Gender Identification Rules in Sports

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As the start of school quickly approaches for Georgia private K-12 schools, there’s a little more planning to do this year: getting up to speed on the state’s new gender identification requirements for interscholastic...more

Franczek P.C.

IDHR Releases Racism-Free Schools Training

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On August 1, 2024, the Racism-Free Schools Law went into effect. As we previously reported, the Racism-Free Schools Law established several requirements for Illinois school districts, charter schools, and nonpublic,...more

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

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...more

Franczek P.C.

Illinois Has Eliminated the School Code’s Mandate That Teacher and Principal Evaluations Include Student Growth as a Factor in...

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On June 30, 2025, Governor Pritzker signed into law Public Act 104-0020 which amends Article 24A of the Illinois School Code and upends a major component of the Performance Evaluation Reform Act (“PERA”) that governs teacher...more

Cozen O'Connor

Broad Street Brief: WNBA Expanding to Philly in 2030

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Philly to Invest in 15 More “Year-Round” Schools - Mayor Charelle Parker announced that Philadelphia will invest in 15 new extended-day, extended-year schools. The list comprises ten conventional Philadelphia public schools...more

Farrell Fritz, P.C.

Annual Property Tax Report Cards – $3.64 Billion in School District Cash Reserves

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In May, the annual New York State Property Tax Report Cards for School Districts were released by the Department of Education.  The report cards include estimates of fiscal reserves that each school district expects to have...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...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

Tucker Arensberg, P.C.

Office of Open Records Holds That Certain Records of a Booster Group Are Not Records of the School District

Tucker Arensberg, P.C. on

Lowry v. Rose Tree Media School District, AP 2024-2478 (Dec. 5, 2024). The Office of Open Records holds that registration forms for a cross-country meet that was organized and run by a booster group on school district...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

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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

General Assembly Expands Eligibility for CT Family Medical Leave Act and CT Paid Leave

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Effective October 1, 2025, access to the Connecticut Family Medical Leave Act (“CT FMLA”) and Connecticut Paid Family Medical Leave Insurance (“CT Paid Leave”) will be expanded to include all non-certified school employees at...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

Keating Muething & Klekamp PLL

Revisiting ADA Compliance: Lessons from a Recent Court Decision

Understanding the scope and requirements of the Americans with Disabilities Act (ADA) has been an ongoing challenge for employers. A recent court decision has added to this complexity by clarifying the interpretation of what...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

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