Posts by Alana Leffler
5 Tips for Responding to Reports of Bullying
As National Bullying Prevention Month draws to a close, it is important to reflect on the legal requirements and best practices for addressing reports of bullying and harassment. Effectively responding to reports of bullying and harassment is critical, not only for protecting the safety and wellbeing of the students, but also for protecting the school…
Read MoreTransgender Student Case Appealed to Fourth Circuit Court (Again!)
There have been new developments in G.G. v. Gloucester, the case involving a transgender student that was previously before the U.S. Supreme Court. As reported in our previous Legal Updates, this case began in 2015 after a school district adopted a policy stating that the use of boys’ and girls’ restroom and locker rooms “shall…
Read MoreIs Your School’s Use of Technology in the Classroom Violating FERPA?
With each year, technology plays a more significant role in schools and classrooms. For example, most school districts use a web-based student information system to manage student data and share that data with parents and school staff. In addition, if a school district provides a 1:1 device to students, such as an iPad or Chromebook,…
Read MoreCan a Student Be Expelled for Threatening School Violence?
School districts are increasingly confronted with threats of school violence made by students, and in light of national events, they are right to take them seriously. Oftentimes, the question arises of whether such conduct is subject to expulsion. Can a School District Expel a Student for Threatening School Violence? Yes. Section 120.13(1)(c)1. of the Wisconsin…
Read MoreDepartment of Education Seeks Input on Regulatory Reform
June 23, 2017 – In our June 16, 2017, Legal Update, we mentioned President Trump’s recent Executive Order on Enforcing the Regulatory Reform Agenda. The Executive Order directs Education Secretary Betsy DeVos to conduct a review of the Department of Education’s regulations and guidance documents and determine whether the Department of Education has overreached its…
Read MoreOCR Issues Internal Guidance Narrowing Scope of Complaints & Investigations (Including Complaints Involving Transgender Students)
June 16, 2017 – As part of its endeavor to shift power from federal government to state and local governments and communities, the Trump Administration has been reviewing the role of the Department of Education and the Office for Civil Rights. On April 26, 2017, President Trump signed an Executive Order which directs Education Secretary…
Read More7th Circuit Affirms Preliminary Injunction Allowing Transgender Student to Access Restroom Consistent with Gender Identity
June 2, 2017 – On May 30, 2017, the Seventh Circuit Court of Appeals affirmed a preliminary injunction which allows a transgender boy to use the boys’ restroom while at school. Although the Seventh Circuit’s decision is significant, it does not necessarily require school districts to generally permit students to access whichever facilities they wish.…
Read MoreU.S. Supreme Court Changes Standard for Required Level of Educational Benefit for Students with Disabilities
Today, the Supreme Court of the United States issued its much-anticipated decision in Endrew F. v. Douglas County School Dist. Re-1, No. 15-827, (March 22, 2017), modifying the longstanding standard for a free appropriate education (FAPE) for children with disabilities. In Endrew F., the Court revisited its previous decision in Board of Education v. Rowley,…
Read MoreU.S. Supreme Court Decides Service Animal Case
February 22, 2017 – Today, the Supreme Court of the United States issued a decision in Fry v. Napoleon Community Schools, et al., unanimously concluding that the exhaustion requirement of the Individuals with Disabilities Education Act (IDEA) does not apply if the core basis of a parent’s lawsuit is something other than the denial of…
Read MoreTrump Administration Signals Change in Policy on Transgender Students
February 16, 2017 – On February 10, 2017, the Trump Administration signaled a change in policy on transgender students. Days before oral arguments were scheduled to be held on a motion filed by the Obama Administration in State of Texas et al. v. United States of America et al., the Trump Administration withdrew the motion,…
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