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OCR Addresses Restraint and Seclusion Protocols Impacting Free and Appropriate Public Education (FAPE) in Secondary Education

OCR Addresses Restraint and Seclusion Protocols Impacting Free and Appropriate Public Education (FAPE) in Secondary Education

On December 7, 2022 and December 16, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) announced separate resolution agreements with the Davis Joint Unified School District (DJUSD), California and Southeastern Cooperative Educational Programs...
Pregnancy and Related Conditions: Comparing Existing Title IX Regulations with the 2022 Proposed Rules

Pregnancy and Related Conditions: Comparing Existing Title IX Regulations with the 2022 Proposed Rules

Readers may recall that the May 2020 Title IX Final Rule does not include information about pregnancy or related conditions. The 2020 regulations covered a narrow set of conduct, specifically, sexual harassment and sexual and interpersonal violence. Title IX has long...
A Closer Look at the Title IX Proposed Rules: Coordination Between Title IX and Disability/Accessibility Services

A Closer Look at the Title IX Proposed Rules: Coordination Between Title IX and Disability/Accessibility Services

As keen readers may have noticed, the Department of Education included many references to disability throughout its 2022 proposed Title IX regulations and in the 500+ page preamble that explains why certain changes or additions are being proposed. While some of the...
OCR Announces Resolution of Pregnancy Discrimination Investigation of Salt Lake Community College

OCR Announces Resolution of Pregnancy Discrimination Investigation of Salt Lake Community College

On June 14, 2022, the U.S. Department of Education’s Office of Civil Rights announced they reached a resolution agreement with Salt Lake Community College regarding a student’s complaint of pregnancy discrimination. At the crux of OCR’s finding was that the College...

Department of Justice Weighs in on School District’s Potential Liability for Alleged Discrimination by Outsourced School Resource Officers

The Department of Justice (DOJ) recently filed a statement of interest in a pending federal court case on disability discrimination. The DOJ files a brief like this when the government has an interest in clarifying the law at issue, or how the law is applied. Here the...

Sixth Circuit Opinion Provides Important Reminders for Employers about Pregnancy and Disability, ADA Protected Leave, and The Perils of Mismanaged Processes

On March 8, 2022, the Sixth Circuit Court of Appeals issued an unpublished decision in Blanchett v. Charter Communications, LLC brimming with issues and reminders applicable to employers of all sizes. The plaintiff, Kelly Blanchet, was a high performing employee at...
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