The Oldest Blog
A first amendment blog for school administrators and attorneys.
In what comes as a surprise to virtually nobody, the Supreme Court rules that a high school football coach had the constitutional right to pray after a football game.
The post Touchdown, Jesus! Coach can pray at Football Games appeared first on The Oldest Blog.
On June 23, 2022, President Biden’s U.S. Department of Education released the much-anticipated proposed Title IX regulations. The proposed regulations are a major step by the Biden administration in its effort to overhaul the Trump-era Title IX regulations. The proposed regulations would make significant changes, including expanding the definition of hostile environment sex-based harassment; removing the requirement for a formal, written complaint; providing more flexibility in the grievance process for K-12 schools; adding new notice and training requirements; and providing explicit protections for LGBTQ individuals as well as students and employees who are pregnant or parenting. Additionally, the proposed regulations acknowledge the intersection between Title IX and special education laws but provide little guidance on how to navigate the complex questions that arise when students with disabilities are involved in Title IX complaints.
Specifically, the proposed regulations define “student with a disability” and, to help ensure compliance with disability laws, require consultation between the Title IX coordinator and the IEP or 504 team when a complainant or respondent is a student with a disability. That’s it—An acknowledgment that students with disabilities may be involved in Title IX complaints and a directive for the Title IX coordinator to consult with the student’s special education team to figure out how to comply with both laws and meet the needs of the student.
The post Special Education Implications of Proposed Title IX Rule: Biden Administration Nods to the Complicated Intersections but Leaves the Hard Work to Schools appeared first on Special Education Spotlight.
Thompson & Horton’s Title IX team is pleased to present a complimentary on-demand webinar with a unique first look at
By Jackie Gharapour Wernz & Holly McIntush
The long awaited proposed Title IX regulation from the Biden administration’s U.S. Department of Education was released today, on the 50th anniversary of Title IX. You can find the proposed rule here. As expected, the proposed rule includes provisions that, if they become law, would drastically change the process schools, colleges, and universities use to address Title IX sexual harassment reports. The current process is from the Trump administration’s Title IX rule, which has been in effect for less than two years. Among other things, the proposed rule would grant explicit legal protections to LGBTQI+ students, replace the “severe, pervasive, and objectively offensive” definition for a hostile environment with a lower “severe or pervasive” standard, and remove the requirement that a formal complaint be signed or filed to initiate the complaint process.
By Jackie Gharapour Wernz
The renowned journalist and activist Ida B. Wells once said, “The people must know before they can act, and there is no educator to compare with the press.”
Today, however, journalism is quite different from before the turn of the century. Almost any story can be published, with no requirement that the writer understands, let alone includes, the full context of the issue. “Stories” sometimes “break” on social media threads, with no author or editor in sight to control unfettered opinions from being mistaken for “news.” And even in more established publications, the desire to offer the most sensationalistic coverage in the shortest amount of time creates an environment in which presenting the whole picture is often not the goal.
The result in situations involving Title IX can be disastrous for schools, colleges, and universities. News outlets, bloggers, and social media posters present an incomplete and often inaccurate account of the Title IX process to your community. The results can range from a turnover churn of Title IX administrators (with recent reporting suggesting two-thirds of Title IX coordinators have been in their position for more than three years) to bomb threats.
What are the risks, and how can your school district, college, or university defend against or deal with such an incident?