Posts by Alana Leffler
How to Handle Requests for Special Ed Evaluations When Expulsion Proceedings Are Pending
We have noticed a seemingly greater number of due process hearings around the country related to student discipline and manifestation determinations. This Legal Update will address the “11th hour referral,” a common but complex scenario which triggers several intertwined sets of procedural requirements related to student discipline and manifestation determinations under the Individuals with Disabilities Education…
Read MoreFederal Commission on School Safety Issues Final Report
On December 18, 2018, the Federal Commission on School Safety issued its much-anticipated final report. The Commission, led by Education Secretary Betsy DeVos, was created by President Trump following the school shooting in Parkland, Florida. It was tasked with “producing a report of policy recommendations in an effort to help prevent future tragedies.” The report…
Read More5 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,…
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