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ESSA Amendments Effective October 1, 2016 Change School’s Obligations to Homeless Students

The McKinney-Vento Act governs the way states and local education agencies (LEAs) are required under federal law to support their homeless student populations. The McKinney-Vento Act requires schools to have policies and practices in place that encourage the immediate enrollment of homeless students, remove barriers to enrollment, including transportation, ensure the full participation of homeless […]

New Title II Regulations Set To Take Effect in October: How They May Impact You

On October 11, 2016, less than a week away, a final rule amending the regulations for Title II of the Americans with Disabilities Act (ADA) will take effect.  The new regulations will provide guidance to local government entities, including school districts, regarding the interpretation and application of the ADA Amendments Act of 2008 (ADAAA).  Important for educators, […]

OCR Publications Clarify District Obligations to Student with ADHD under Section 504

School is back in session once again, and districts are confronting the perennial challenge of educating students with a multitude of physical, cognitive and behavioral limitations. Among these conditions, Attention Deficit Hyperactivity Disorder (ADHD) stands out in both its ubiquity and its potential to thrust parents and school districts into conflict over appropriate educational programming. […]

U.S. Department of Education Tackles Discrimination of Refugees

On December 31, 2015, the Department of Education issued a Dear Colleague Letter before the beginning of the new year to remind schools of the importance of providing a discrimination free learning environment. The letter specifically focused on discrimination and harassment in schools based on race, religion, and national origin in light of the large […]

IEP’s Must Align with State Academic Content Standards

On November 16, 2015, the Department of Education issued a Dear Colleague Letter providing guidance concerning the alignment of an individualized education program (IEP) with the state standards for academic grade-level content. The Department of Education stated that in adhering to federal laws requiring that all students within a state have the same academic content […]

Dyslexia, Dysgraphia Dyscalculia Education Guidelines

On October 23, 2015, the Department of Education issued a Dear Colleague Letter providing guidance on the unique educational needs of students with dyslexia, dyscalculia, and dysgraphia. Despite generalized hesitancy to use these specific conditions in the evaluation and individualized education program (IEP) process, the U.S. Department of Education stated that there is nothing in […]

Failure to Train Staff Properly and to Take Prompt and Effective Action Costs Michigan School District Dearly in Federal Title IX Peer-on –Peer Sexual Assault Case

Michigan Forest Hills School District reached a $600,000 settlement with a female student who sued the district in federal court alleging that she was sexually assaulted in her school’s band room by a male classmate, MM.  The female identified as Jane Doe was a 15 year old sophomore at the time of the assault and […]

Posting Class Lists: Is That A FERPA Violation?

With the start of the 2014-2015 school year upon us, schools routinely post the class assignments in the public domain enabling other students and/or parents access to this information.  Many parents have expressed concern that such posting before the first day of class of the student’s name, room number, and the names of the students […]