Related to: Department of Education
On October 19, 2021, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) released guidance regarding the ongoing effects of the pandemic on children’s psychological health. This new guidance, entitled, Supporting Child and Student Social, Emotional, Behavioral and Mental Health, addresses seven key barriers to implementing mental health supports for children,…
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On October 26, 2021, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a fact sheet addressing key issues that intersex students face in schools and providing recommendations on how students, families, and educators can lend support. The guidance, released on Intersex Awareness Day, first provides general information on the meaning of “intersex”…
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On Monday, December 27, 2021, the Centers for Disease Control and Prevention (CDC) updated guidance for the general public that shortens the recommended time for isolation for those with COVID-19 and the time for quarantine for those exposed to COVID-19. The updated guidance does not apply to healthcare workers for whom the CDC has separately…
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On June 16, 2021, the U.S. Department of Education issued a Notice of Interpretation of Title IX, which prohibits sex discrimination in education programs receiving federal financial assistance. The guidance does not address specific LGBTQ+ student issues that schools have been navigating in recent years, such as names/pronouns, restroom/locker room access, and parent rights. It…
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On Friday July 9, 2021, the Centers for Disease Control and Prevention (CDC) relaxed its guidance on mask-wearing within K-12 schools, advising that vaccinated teachers and students no longer need to wear masks inside school buildings. In anticipation of the 2021-2022 school year, the CDC published new guidelines, highlighting the need for flexible, context-specific decision-making…
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As the 2020-21 school year drew to a close, public and private schools across the state began receiving an influx of inquiries from parents, community members, and the media regarding the issue of “critical race theory” and curriculum. Public school districts have received various public records requests from citizens and organizations regarding any such curriculum…
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On June 23, 2021, the U.S. Supreme Court issued its decision in Mahanoy Area School District v. B.L., finding in favor of the student plaintiff (B.L.) in a highly anticipated school speech case. The Supreme Court held that, though public schools may have a special interest in regulating certain off-campus student speech, the interests offered…
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Today, on June 11, 2021, in the matter of James v. Heinrich, 2021 WI 58, the Wisconsin Supreme Court ruled that that local health officers do not have the statutory power to close schools under Wisconsin Statute § 252.03. Additionally, because the schools involved in the case were private religious institutions, the Court held that…
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On September 28, the Department of Education Office for Civil Rights (OCR) published thirteen questions and answers pertaining to public schools in the current COVID-19 environment. While this document is not legally binding, it gives insight into the OCR’s position on various new topics. The OCR references the newest CDC guidance which encourages local communities…
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As we reviewed in a previous Legal Update, the U.S. Department of Education issued new Title IX regulations establishing requirements for a school district’s response to reports of sexual harassment in its programs or activities. The new regulations went into effect on August 14, 2020, as schools were inundated with issues related to COVID-19 and school…
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