Thought Leadership

The Supreme Court Finds IDEA Exhaustion Not Required When Parents Seek Money Damages Under ADA and Section 504

In a unanimous decision, the Supreme Court held today that plaintiffs may file federal lawsuits under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 seeking money damages without first exhausting the IDEA administrative procedures, even when the underlying dispute is the student’s special education programming. As we previewed in a post following the oral argument, this decision is a departure from current Fifth Circuit law and opens the door to parents filing federal lawsuits seeking monetary relief in special education disputes without filing for due process under the IDEA. As explained below, whether this path is truly advantageous for parents is uncertain.

The post The Supreme Court Finds IDEA Exhaustion Not Required When Parents Seek Money Damages Under ADA and Section 504 appeared first on Special Education Spotlight.

Thinking Back: The Top 10 Supreme Court Cases Impacting Education

What Supreme Court cases have had the greatest impact on public education over the last seven decades?

The post Thinking Back: The Top 10 Supreme Court Cases Impacting Education appeared first on The Oldest Blog.

The Satanic Conundrum: How to Respond When the Satanic Temple Comes Knocking at the Schoolhouse Gates

What can school districts do when the Satanic Temple (or any other group) wants to meet on school property or distribute their literature to students at school?

The post The Satanic Conundrum: How to Respond When the Satanic Temple Comes Knocking at the Schoolhouse Gates appeared first on The Oldest Blog.

Does Title IX Apply to Gender Disparity in NIL Compensation?

By Matthew A. Reed, Counsel, Thompson & Horton

Amateurism in intercollegiate athletics is dying. A combination of state legislation and federal court orders has resulted in a largely unregulated “Wild West” environment in which college athletes have gained an unprecedented ability to capitalize on their status by receiving payments for use of their names, images, and likenesses (“NIL”). Not surprisingly, most NIL payments seem to be flowing to men. What responsibility do educational institutions have to ensure gender equity in NIL payments to athletes in their sports programs?

The post Does Title IX Apply to Gender Disparity in NIL Compensation? appeared first on Title IX Tips.

EEOC Issues Guidance on Accommodating Job Applicants and Employees with Hearing Disabilities

On January 24, 2023, the Equal Employment Opportunity Commission released updated guidance on how the Americans with Disabilities Act applies to job applicants and employees with hearing disabilities. The Q&A resource comes on the heels of the EEOC’s announcement of two settlements—one for $44,250 and the other for $180,000—with two employers accused of adverse employment actions against deaf individuals in violation of the ADA. Although the EEOC guidance does not contain new legal mandates, it is an important reminder to educational employers of how the agency will apply existing legal standards in cases involving individuals with hearing disabilities. Employers should review the guidance and their policies, procedures, and practices to mitigate the risk of challenges of employment discrimination by applicants and employees with hearing disabilities. The following is a summary of the major points from the guidance that employers should know.

The post EEOC Issues Guidance on Accommodating Job Applicants and Employees with Hearing Disabilities appeared first on Educated Employer.

Starring in Your Own Reality Show:  Livestreaming Encounters with the Police (Sharpe v. Winterville Police Department)

Does a person have a constitutional right to livestream (video and play on social media in real time) their encounter with the police or other government officials, or can livestreaming be prohibited on the grounds of safety?

The post Starring in Your Own Reality Show:  Livestreaming Encounters with the Police (Sharpe v. Winterville Police Department) appeared first on The Oldest Blog.