On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher...more
On June 30, 2020, the Supreme Court, in Espinoza v. Montana Department of Revenue, ruled that states must allow religious schools to participate in programs that provide scholarships to students attending private...more
7/16/2020
/ Compelling Governmental Interest ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Private Schools ,
Religious Schools ,
Remand ,
Reversal ,
SCOTUS ,
State Constitutions ,
Strict Scrutiny Standard ,
Trinity Lutheran Church of Columbia Inc. v Comer ,
Tuition
On this day in 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law and on May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the...more
On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act in response to the Novel Coronavirus Disease 2019 (“COVID-19”). See H.R. 748. The CARES Act appropriated approximately...more
The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...more
3/25/2020
/ Coronavirus/COVID-19 ,
Department of Education ,
Disability ,
Educational Institutions ,
Families First Coronavirus Response Act (FFCRA) ,
FERPA ,
IDEA ,
Public Employees ,
Public Schools ,
Student Privacy ,
Students
Title VI Obligations-
School districts have an obligation under Title VI not to discriminate on the basis of race, color or national origin. They cannot intentionally discriminate – that is, for example, treat...more
A few weeks ago, the United States District Court of Massachusetts issued its long-awaited decision in the lawsuit brought by Students for Fair Admissions, Inc. (“SFFA”) against Harvard University (“Harvard”). In a 130-page...more
On May 16, 2019, Students for Fair Admissions (SFFA), an anti-affirmative action group, filed yet another lawsuit against the University of Texas at Austin (the University). This is the third such suit SFFA has filed against...more
9/19/2019
/ Affirmative Action ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Race Discrimination ,
Universities ,
University of Texas
On April 23, 2019, the Supreme Court of the United States heard oral argument in Department of Commerce v. New York, No. 18-966. The argument focused on three main issues: (1) whether the District Court erred in enjoining the...more
The United States Department of Health and Human Services (“HHS”) has made opioid overdoses a priority. HHS initiatives include educating doctors about being more careful in prescribing painkillers. The Alabama Department...more
When Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. (“Title IX”), which prohibits many forms of discrimination on the basis of sex, appears in the news or on social media, we typically associate it...more
On January 7, 2019, the Supreme Court of the United States denied certiorari in Ferguson-Florissant School District v. Missouri Conference of NAACP. This case involves the Ferguson-Florissant School District (“FFSD”), a St....more
D.C. Circuit Judge Brett Kavanaugh was nominated on July 9, 2018 to the Supreme Court by President Donald Trump. Should he be confirmed, his appointment could have far reaching effects to educational entities across the...more
Within the last couple of weeks, two decisions were issued that relate to transgender students’ use of facilities in public schools. In Grimm v. Gloucester County School Board, on remand from the U.S. Supreme Court and the...more
The U.S. Department of Education’s Office for Civil Rights (OCR) announced today it is launching a new technical assistance initiative to assist schools, school districts, state education agencies and libraries in making...more
The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents, students over 18, and postsecondary students the right to access education records, the right to seek to amend those records, and the...more
On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the...more
On December 7, 2017, the U.S. Department of Education (ED) released a question-and-answer document on the Supreme Court’s 2017 opinion in Endrew F. v. Douglas County School District, 580 U.S., 137 S.Ct. 988 (2017) (“Endrew”)....more