Transgender 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…

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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

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 (OCR). On April 26, 2017, President Trump signed an Executive Order which directs Education Secretary Betsy DeVos to…

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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 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 transgender restroom access to students for whichever facilities…

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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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Happy Special Education Day!

December 2, 2016 The nation’s first federal special education law was signed into law on December 2, 1975.  As we celebrate the anniversary of this milestone, we would like to reflect upon the role that the Supreme Court of the United States (SCOTUS) will continue to play in the development of special education law.  SCOTUS…

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New Legal Developments Relating to Transgender Students

The legal landscape relating to transgender students became more complex over the past two weeks.  Earlier this month, a group of Minnesota students and parents filed a lawsuit against their local school district, challenging the school district’s decision to permit a transgender student to access the restrooms and locker rooms that correspond to the student’s…

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