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…

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Can 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…

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Department of Education Seeks Input on Regulatory Reform

Female teacher teaching in classroom.

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…

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OCR Issues Internal Guidance Narrowing Scope of Complaints & Investigations (Including Complaints Involving Transgender Students)

Complaints_File

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…

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7th Circuit Affirms Preliminary Injunction Allowing Transgender Student to Access Restroom Consistent with Gender Identity

Restroom Sign

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.…

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U.S. Supreme Court Changes Standard for Required Level of Educational Benefit for Students with Disabilities

student raising hand

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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U.S. Supreme Court Decides Service Animal Case

Girl-w-Service-Dog

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…

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