News & Analysis as of

Americans with Disabilities Act (ADA) School Districts

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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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

Fox Rothschild LLP

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

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The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

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Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Tucker Arensberg, P.C.

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

Tucker Arensberg, P.C. on

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more

Fisher Phillips

It's OK to Not Be OK: How Schools Can Address Mental Health Wellness for Employees

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The pandemic has affected all aspects of daily life over the past few years and brought mental health awareness to the forefront of employee-related concerns. In addition to taking a heightened interest in student well-being,...more

Bricker Graydon LLP

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

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A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more

Tucker Arensberg, P.C.

Two Allegheny County School Districts Must Universally Mask Despite Mixed Messages From the Federal District Courts

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Last week, two federal judges of the United States District Court for the Western District of Pennsylvania came to seemingly opposite conclusions regarding universal masking requirements in Allegheny County schools. In...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

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The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Responding to Student Disability Accommodation Requests in the New Normal: You want to do what? We can’t do that...or...

A year after COVID-19 shuttered doors and opened a new world of online remote learning, K-12 schools, colleges, and universities are facing an increase in the number and type of student accommodation requests. The 2020 shift...more

Fisher Phillips

Schools Should Remember That Bad Behavior Is Not A Medical Issue

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Schools are full of teachers and administrators who want to help children reach their potential. It’s not surprising, then, that the vast majority of educators want to give students the benefit of the doubt when there is a...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Pierce Atwood LLP

Back-to-School during COVID-19: A Pierce Atwood Q&A for Employers

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As schools throughout New England finalize their plans for the fall semester, many employees are faced with an ongoing need to care or facilitate education for their school-aged children on a part-time or even full-time...more

Kilpatrick

COVID-19: School Reopening Jujitsu For Employers

Kilpatrick on

A significant challenge for reopening the economy and returning to “normalcy” during the COVID-19 pandemic is addressing whether, when, and how schools and colleges will open this fall. As with the initial shelter-in-place...more

Bricker Graydon LLP

Accommodating employees who are “high-risk” of contracting serious illness from COVID-19

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As the new school year approaches, school districts are seeing requests to work remotely during the upcoming school year from employees who report being at high-risk of serious illness if they contract COVID-19....more

Pullman & Comley - School Law

School Reopening and Labor and Employment Matters

On June 29, 2020, the State of Connecticut issued “Connecticut’s Learning Plan to Learn and Grow Together” (the “Plan”). To say the least, the Plan sets forth a myriad of requirements that school districts must complete in...more

Fisher Phillips

Schools Accepting COVID-19 Loans Must Be Aware Of Workplace Law Consequences

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Many independent and private schools are contemplating applying for Paycheck Protection Program (PPP) and/or Economic Injury Disaster (EIDL) loans under the CARES Act. The PPP loan offers an attractive incentive in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Tackles Associational Discrimination Claim Brought by Teacher With Disabled Son

On February 26, 2020, in the case of Schmitz v. Alamance-Burlington Board of Education, the United States District Court for the Middle District of North Carolina granted in part and denied in part a motion to dismiss claims...more

Tucker Arensberg, P.C.

CDC Provides Interim Guidance on the Coronavirus for School Districts

Coronavirus Disease 2019 (“COVID-19”) is a respiratory illness caused by a novel (new) virus, and we are learning more about it every day. There is currently no vaccine to protect against COVID-19. At this point, the best way...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

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

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The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Tucker Arensberg, P.C.

Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest

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Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary school principal’s termination, because sufficient evidence supported...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

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