Related to: School Law

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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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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Is 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,…

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U.S. District Court Upholds Validity of Wisconsin’s Open Enrollment Law Concerning Nonresident Pupils

November 6, 2017 – In a recent decision, the U.S. District Court for the Western District of Wisconsin upheld the validity of Wisconsin’s Open Enrollment Law, Wis. Stat. § 118.51, which permits a school district to consider whether special education or related services are available, or whether there is “space available” for such service, in…

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People at conference

Wisconsin Supreme Court Addresses Application of Open Meetings Law to School District Committees

July 12, 2017 – On June 29, 2017, the Wisconsin Supreme Court issued an important Open Meetings Law decision in State of Wisconsin ex rel. Krueger v. Appleton Area School Dist. Bd. of Ed., 2017 WI 70.  This decision focuses on a significant question that school districts face when bringing together groups of employees and others…

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Female teacher teaching in classroom.

Department 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…

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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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Departments Issue Joint Guidance on Transgender Students

On May 13, 2016, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division issued a joint guidance document regarding transgender students. The guidance, which is not in the form of a regulation but rather a Dear Colleague Letter, states, “The Departments interpret Title IX to require…

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Checklist for Students Admitted to Mental Health Treatment Facility

As we celebrate National Children’s Mental Health Awareness Day today, it is important to reflect upon the legal requirements and best practices relating to the education of children with mental health disorders. This is a complex matter, as it involves the intersection of legal issues, educational issues, and medical issues. A child’s mental health disorder…

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Federal Court of Appeals Allows Transgender Student’s Title IX Claim to Move Forward, Defers to DOE’s Interpretation of Title IX Regulations

Last week, the Fourth Circuit Court of Appeals overturned a lower court’s decision dismissing a transgender student’s Title IX discrimination claim against his school district. Notably, the Fourth Circuit deferred to the Department of Education’s interpretation of the Title IX regulations in making its decision. Because the Fourth Circuit is the highest court to have…

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