The Oldest Blog
A first amendment blog for school administrators and attorneys.
Disruption from school community member speech is all too common these days. From social media call-outs by students to boisterous
Last week the Seventh Circuit issued its long-awaited decision in Kluge v. Brownsburg Comm. Sch. Corp., __ F.4th ___, 2023 WL 2821871 (7th Cir. 2023), a case involving a high school music teacher (Kluge) who was terminated (or forced to resign) for refusing to use the gender-preferred names and pronouns of transgender students in his class, which he objected to on religious grounds.
Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:
(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated?
(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated?
On April 6, 2023, the U.S. Department of Education proposed a new rule addressing transgender athletes’ participation on sports teams
On April 6, the Supreme Court allowed a transgender female middle schooler in West Virginia to compete on her school’s
By Jackie Gharapour Wernz and Kendra Yoch
On April 6, 2023, the U.S. Department of Education proposed an amendment to Title IX prohibiting categorical bans on transgender athletes’ participation in school sports. If adopted, the proposed rule would override the laws of twenty states, including Texas, that require students to participate on the sports team matching their sex assigned at birth. The proposal would implement a new test for such rules, balancing the objectives of schools in limiting transgender student participation against the potential for harm to students whose opportunity to participate is denied. What should your school, college, or university know about the proposed rule now?