On February 22, 2017, the Trump Administration, through the Departments of Education and Justice (the “Agencies”), rescinded guidance issued by his predecessor concerning the rights of transgender students. The Dear Colleague Letter withdrew prior guidance letters issued by the Agencies in January of 2015 and May of 2016. Both of the withdrawn letters provided directives to school districts … [Read more...] about Prevailing Wisdom: Schools Should Continue to Weigh Transgender Student Needs on Case by Case Basis
KingSpry Blog
Student Refugees Prevail: Third Circuit Affirms New School Placement
With all the headlines about the current immigration controversy, recent news for some student refugees is welcome. On January 30, 2017, the Third Circuit Court affirmed the district court’s preliminary injunction, allowing the students to remain at the International School in McCaskey High School, Lancaster School District. The students, ages 18 to 21, individually fled war, turmoil, and … [Read more...] about Student Refugees Prevail: Third Circuit Affirms New School Placement
President’s Executive Orders on Immigration Put School Communities in Difficult Spot
While the recent Executive Orders by President Trump on immigration have garnered significant controversy, they put school entities in a particularly difficult position. Schools, which attempt to work collaboratively with students and their parents in educating students, strive to make themselves a safe and inclusive environment. In addition, schools must now also try balancing efforts to put … [Read more...] about President’s Executive Orders on Immigration Put School Communities in Difficult Spot
Is Slant-ing Trademark Protection An Example of Viewpoint Discrimination?
What do college and university sports teams with names like the Indians or the Redmen have in common with bandleader Simon Tam of “The Slants”? Both potentially run afoul of the federal Patent and Trademark Office (PTO) by refusing to abandon what the PTO calls “disparaging” trademark names. The difference is that colleges and universities have largely abandoned using ethnic stereotypes as team … [Read more...] about Is Slant-ing Trademark Protection An Example of Viewpoint Discrimination?
Affordable Care Act Update: President Trump Signs an Executive Order, But Nothing Changes Yet
On January 20, 2017, President Trump’s first official day in office, he signed an Executive Order titled “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Appeal.” While this Executive Order makes no practical change to the Affordable Care Act (“ACA”), it sets a clear intention, on the part of the Trump Administration, to “seek the prompt repeal” of the … [Read more...] about Affordable Care Act Update: President Trump Signs an Executive Order, But Nothing Changes Yet
OCR Lawsuits: Dear Colleague Letters Come Under Fire
The Office for Civil Rights (OCR) of the U.S. Department of Education (USDOE) has been under increasing fire about the authority of its “significant guidance documents,” informally titled “Dear Colleague Letters (DCLs).” Some of the most controversial of the recent DCLs, the 2011 DCL on Sexual Violence and the 2014 Q & A on Title IX and Sexual Violence, have prompted questions about the … [Read more...] about OCR Lawsuits: Dear Colleague Letters Come Under Fire
