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
KingSpry Blog
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
A Federal Judge in Texas Bars Enforcement of Some Anti-Discrimination Protections Under Affordable Care Act
On December 31, 2016, a federal judge in Texas issued a nationwide injunction. In issuing this injunction, the court halted the scheduled January 1, 2017 implementation of a rule which would bar discrimination on the basis of gender identity or termination of a pregnancy. The Health and Human Services Department unsuccessfully argued that the discrimination laws, which prohibit discrimination … [Read more...] about A Federal Judge in Texas Bars Enforcement of Some Anti-Discrimination Protections Under Affordable Care Act
Federal Court Scrutinizes IDEA Provisions: Prehearing Offer An Elective to Cut Down On Prevailing Fees
The December 20 decision in the matter of Rena C. v. Colonial School District analyzes Section 1415 of the Individuals with Disabilities Education Act (IDEA), which governs reimbursement of prevailing fees, attorney fees to parents who prevail in special education litigation. What The Law Says The IDEA provides for an award of attorney fees to the party that prevails in special education … [Read more...] about Federal Court Scrutinizes IDEA Provisions: Prehearing Offer An Elective to Cut Down On Prevailing Fees
