News & Analysis as of

Students Disability Discrimination Educational Institutions

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

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

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...

Poyner Spruill LLP on

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

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

Fox Rothschild LLP

DOE’s Office for Civil Rights Releases First Retaliation Guidance in 12 Years

Fox Rothschild LLP on

The U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) released a new resource that details its process for investigating retaliation claims and provides examples of cases it investigates. Released in...more

TNG Consulting

I Like Spaghetti, But Not in Title IX Hearings

TNG Consulting on

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more

Littler

U.S. Departments of Education and Justice Issue Dear Colleague Letter Regarding Digital Accessibility in Higher Education

Littler on

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S. Department of Justice’s Civil Rights Division to make the public aware of both...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...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.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Franczek P.C.

U.S. Department of Education to Amend Section 504 Regulations

Franczek P.C. on

The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more

Roetzel & Andress

504 Regulations Will Be Amended: Get Your Comments In

Roetzel & Andress on

The U.S. Department of Education made a recent announcement that it intends to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of...more

Jackson Lewis P.C.

Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

Jackson Lewis P.C. on

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary...more

Chartwell Law

New Precedent Set By the Pennsylvania Commonwealth Court on the Medical Marijuana Act

Chartwell Law on

On October 29, 2020, the Commonwealth Court of Pennsylvania set a new precedent by holding that Pennsylvania’s Medical Marijuana Act (MMA) did not safeguard a medical student from her college’s zero-tolerance drug policy. The...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

Cozen O'Connor on

In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Franczek P.C.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

Franczek P.C. on

When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more

Troutman Pepper Locke

Involuntary Withdrawal Policies: No Room for Mental Health Stereotypes in a Fair Process

Troutman Pepper Locke on

In a recent blog post, ACE General Counsel Peter McDonough outlined principles recognized by the U.S. Department of Education’s Office for Civil Rights (OCR) as guideposts to avoid running afoul of the Americans with...more

Franczek P.C.

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

Franczek P.C. on

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Franczek P.C.

Three Things to Know About ED’s New Focus on Restraint and Seclusion

Franczek P.C. on

Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more

Bricker Graydon LLP

Northern Michigan University settles with DOJ regarding treatment of students with mental health disabilities

Bricker Graydon LLP on

On October 18, 2018, the U.S. Department of Justice (DOJ) announced a settlement agreement with Northern Michigan University (NMU) resolving a complaint alleging discrimination on the basis of mental health disabilities. ...more

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