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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.

Failure to Address Harassment Supports Discrimination Claims

Tucker Arensberg, P.C. on

Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024).  After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the 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...

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

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - June 2025

Marshall Dennehey on

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

Miller Canfield

Supreme Court: Stop Holding Disabled Students to a Higher Bar

Miller Canfield on

Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more

TNG Consulting

Mandated Risk Assessment of Students: Part One – Authority to Mandate

TNG Consulting on

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

Special Education Legislative Update

Shipman & Goodwin LLP on

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

Fisher Phillips

Alabama’s New School Choice Program Gets Funding Boost to Meet Overwhelming Demand: 4 Considerations for Private School Leaders

Fisher Phillips on

Alabama rolled out applications for its new school choice program earlier this year, and even the lawmakers behind it were surprised by the volume of submissions from families of K-12 students. That’s why the state nearly...more

Bond Schoeneck & King PLLC

NYS School Smartphone Ban

Governor Hochul and the New York State Legislature recently reached an agreement on a “bell-to-bell” smartphone ban in schools. This new legislation will take effect for the 2025-2026 school year and will apply to all schools...more

Fisher Phillips

New Civil Rights Fraud Initiative Puts More Pressure on Higher Ed and K-12 Schools Receiving Federal Funding: What to Do in...

Fisher Phillips on

Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more

Kohrman Jackson & Krantz LLP

Compensatory Education vs. Extended School Year Services Under IDEA

As attorneys representing families and students with disabilities, we are often asked about the differences between compensatory education and Extended School Year (“ESY”) services for students with disabilities. While both...more

Bond Schoeneck & King PLLC

New York State Education Law Regarding Substantial Equivalency Is Modified by Budget Legislation

On May 8, 2025, the New York State Legislature passed the state’s budget legislation and, on May 9, 2025, Governor Hochul approved it. The legislation included several provisions that modified the New York State Education...more

Bricker Graydon LLP

[Event] June Bridge Series - June 5th, Cincinnati, OH

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BUILDING STRONGER FUTURES THROUGH EDUCATION. Join us for a powerful conversation about what it really takes to support students, schools, and communities. Our next Bridge Series brings together voices from education,...more

Fisher Phillips

Cyber Threat Escalates: PowerSchool Cybercriminal Returns to Extort Individual Schools Months After Massive Data Breach...

Fisher Phillips on

When PowerSchool announced in January that it fell victim to a massive data breach at the end of 2024, it assured the thousands of schools and over 50 million students who use the education software that the matter had been...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

Fisher Phillips on

Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - May 2025

Marshall Dennehey on

A New Initiative to Support Transition from Early Intervention to Kindergarten - The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) jointly launched a new initiative known...more

Kohrman Jackson & Krantz LLP

Dialing Down the Distractions: New Ohio Bill Aims to Ban Cellphone Usage in the Classroom

Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns among educators, parents,...more

Fisher Phillips

Data Security and International Travel: What K–12 Schools and Trip Chaperones Need to Know

Fisher Phillips on

As global learning experiences become more common in K–12 education, schools increasingly send staff and students abroad for cultural exchanges, academic competitions, service trips, and more. While these trips offer...more

Fisher Phillips

Trump Issues 7 New Executive Orders Impacting Higher Ed and K-12 Schools, Ranging From DEI to Discipline to AI

Fisher Phillips on

President Trump just issued a wave of education-related executive orders – seven, to be exact – impacting both higher education and K-12 schools. Educational institutions need to tune in and catch up, and we’ve compiled this...more

McCarter & English, LLP

New Jersey FY 2026—Department of Education Budget Hearing

On April 21, 2025, New Jersey Department of Education (NJDOE) Commissioner Kevin Dehmer testified before the Assembly Budget Committee to present the Department’s FY 2026 budget proposal. The proposal outlines a $22.2 billion...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

Marshall Dennehey on

Court Allows Supplementation of Record in Special Education Appeal, Weighing Child Find Obligations. Q.H. by and through Regan H. v. Scranton School Dist., 2025 WL 419529 (M.D. Pa. Feb. 6, 2025)...more

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