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
School Law Bullet
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?
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
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
Harvard Seeking to Eliminate Single-Sex Fraternities and Sororities?
In a move alternately praised and vilified, Harvard University has adopted a policy, effective beginning with the Fall 2017 semester, providing that any student who becomes a member of any off-campus single-sex social organization is prohibited from holding a leadership position in an officially recognized on-campus organization or athletic team. Members of these off-campus groups will also be … [Read more...] about Harvard Seeking to Eliminate Single-Sex Fraternities and Sororities?