Thought Leadership

The Supreme Court Reconsiders the IDEA Exhaustion Doctrine

On Wednesday, January 18, 2023, the Supreme Court heard oral argument in Perez v. Sturgis Public Schools, a case out of Michigan (Sixth Circuit) involving the administrative exhaustion doctrine under the Individuals with Disabilities Education Act (“IDEA”)  Before the Court were two important issues: (1) whether parents can avoid having to exhaust their administrative remedies under the IDEA (by filing for and litigating a due process hearing) by asking for monetary damages in a lawsuit brought under a different statute (such as Section 504 or the Americans with Disabilities Act (“ADA”)); and (2) whether settling a due process hearing constitutes “exhaustion” of the administrative process, such that parents who have settled with the school could then file a subsequent Section 504 or ADA lawsuit.  Some of these issues – particularly whether asking for monetary damages essentially negates the exhaustion requirement – were left over from the Court’s previous exhaustion decision in Fry v. Napoleon Community Schools.

The post The Supreme Court Reconsiders the IDEA Exhaustion Doctrine appeared first on Special Education Spotlight.

How to Make—and Keep—a Resolution to Prepare for the New Title IX Rules

We are barely into 2023, and it’s shaping up to be the biggest year yet for Title IX. From transgender bathroom bans and athletic participation battles to growing scrutiny on general athletics equity and pregnant and parenting students, Title IX will continue to have its moment in the sun in 2023 as it has for the past few years. Of course, the biggest news for Title IX in 2023 will undoubtedly be the issuance of the Biden administration’s new Title IX rule. The Department of Education recently confirmed that it intends to hoist the new regulation on schools in May 2023. Schools, colleges, and universities will once again have to comply with an entirely new grievance structure quickly over the summer.

Those who spent the summer of 2020 scrambling to prepare for the 2020 Title IX rules know that implementing new rules over the summer is a huge feat. If you haven’t already resolved to begin preparing now to be ready for that process when it comes, you should! Like any other New Year’s resolution, there is a risk of giving up without a plan. Don’t have one? Don’t worry. The Thompson & Horton Title IX team has you covered. Keep reading for the essential action plan to help you achieve your Title IX goals in the New Year.

The post How to Make—and Keep—a Resolution to Prepare for the New Title IX Rules appeared first on Title IX Tips.

IEP Spotlight: Statement of PLAAFP and Why it’s so Important 

Over the summer, we posted about the importance of and tips for successful IEP implementation and progress monitoring. Today, we continue a series of articles focused on the components of a great IEP. In this post, we will discuss the foundation of the IEP: the statement of present levels of academic achievement and functional performance (PLAAFP).

The Individuals with Disabilities Education Act (IDEA) mandates that IEPs include a statement of PLAAFP. If you’ve ever attended an ARD, you know that this statement is one of the first things covered. And with good reason: the statement of PLAAFP provides an overview of the student’s current functioning and baseline for new goals. Without a clear, specific, and individualized statement of PLAAFP, the IEP may be deficient. Keep reading to learn steps to ensure that every IEP is built on a solid PLAAFP foundation.

The post IEP Spotlight: Statement of PLAAFP and Why it’s so Important  appeared first on Special Education Spotlight.

Equal Tweets, Equal Cheers: Is Your School Athletics Program Providing Equal Publicity under Title IX?  

With Matthew A. Reed, Counsel, Thompson & Horton

As we noted last year, K-12 athletics programs are facing increasing Title IX enforcement efforts. Whether with OCR or in the courts, complainants increasingly claim schools do not provide equal benefits to male and female teams in categories such as facilities, game scheduling, coaching, and travel.   

One category that gets less attention—despite hiding in plain sight—is a school’s publicity efforts on behalf of its sports teams and athletes. Publicity includes traditional methods such as school newspaper coverage and marquee announcements, but it also includes social media posts and even the use of cheerleaders and school bands. What are some of the most common complaints we see in this area and what can your school, college, or university do to limit the risk of problems? 

The post Equal Tweets, Equal Cheers: Is Your School Athletics Program Providing Equal Publicity under Title IX?   appeared first on Title IX Tips.

The Great Pronoun Debate: Can Public Schools Require Employees to Use the Pronouns with Which Students Identify?

Schools and universities have struggled over the last several years with the question of whether students have a protected right to use gender-based pronouns with which they identify, but which differ from the pronouns associated with their birth gender.  A subsequent, and sometimes more difficult question, is assuming that students do, can schools require teachers and other employees to refer to students by those gender-identity pronouns, particularly when the employee claims that acknowledging a student’s “change” in gender conflicts with the employee’s religious beliefs?  Can a school fire a teacher who insists on using the old pronouns?

The post The Great Pronoun Debate: Can Public Schools Require Employees to Use the Pronouns with Which Students Identify? appeared first on Educated Employer.

Down on the Farm: Riley’s American Heritage Farms v. Elsasser

Can a school district cease patronizing a company providing historical reenactments and other events for students because the company’s principal shareholder had posted controversial tweets that led to parental complaints?

The post Down on the Farm: Riley’s American Heritage Farms v. Elsasser appeared first on The Oldest Blog.