On May 19, 2020, the CDC released considerations for schools to supplement any state or local regulations with which schools must comply. In general, the more humans interact, and the longer the interaction, the higher the risk of COVID-19 spread. While the lowest risk is students and teachers participating in virtual-only classes, activities, and events, there are precautions schools may follow to help minimize risk to the school community. Those precautions include personal prevention practices like handwashing, developing new policies, modifying school layouts, and preparing for when someone becomes ill.
Trump Administration Releases School Safety District Guide
On September 25, 2019, the U.S. Department of Education, the U.S. Department of Justice, U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services released The Role of Districts in Developing High-Quality School Emergency Operations Plans, which is a guide to emergency operations plans (“EOPs”). The guide addresses a variety of topics, including the roles and responsibilities of schools, school districts, and community partners regarding school safety, along with prevention and mitigation techniques. The guide also describes that school districts should coordinate with schools and community partners to make EOPs more collaborative. The guide details that districts can improve their EOPs by providing planning parameters for use by schools throughout their entire districts and supporting schools as they create EOPs to address and plan for hazards (such as natural disasters, disease outbreaks, or accidents) and threats (human-caused emergencies, such as crime or violence) specific to their school’s needs.
School Safety Symposium – April 12, 2019
Missouri Governor Approves New Law Impacting Labor Unions and Missouri School Districts
Last Friday, Governor Greitens approved Missouri House Bill 1413 (“HB 1413”). Once effective, HB 1413 will prohibit Missouri labor unions from withholding earnings from public employees for the purpose of paying any portion of dues or fees, without yearly written or electronic authorization. These restrictions will apply to both members and nonmembers of labor unions.
Department of Education Releases Guidance on IDEA, FAPE, and Endrew F.
On December 7, 2017, the U.S. Department of Education (ED) released a question-and-answer document on the Supreme Court’s 2017 opinion in Endrew F. v. Douglas County School District, 580 U.S., 137 S.Ct. 988 (2017) (“Endrew”). Endrew addressed the Individuals with Disabilities Education Act (IDEA) clarifying the scope of a free appropriate public education (FAPE). The Supreme Court held that in order for a school to meet its substantive obligation under IDEA, it must offer an individualized education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”
Feeling the Shift in Title IX’s Landscape: Internal Policies and Procedures, OCR Investigations, and Litigation
In light of shifting federal guidance and heightened awareness of sexual harassment, school districts should be on high alert with respect to their internal Title IX policies, staff, and training. Otherwise, they may face complaints with the Department of Education or litigation surrounding the incidents of alleged sex or gender discrimination, sexual harassment, or interpersonal violence.
OCR Withdraws Sexual Violence Guidance Issued by Previous Administration
On Friday, September 22, 2017, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) and Q&A on Campus Sexual Misconduct. The DCL withdrew the 2011 DCL on Sexual Violence and the 2014 Q&A on Title IX and Sexual Violence issued by the previous administration. In the DCL, Candice Jackson, Acting Assistant Secretary for Civil Rights stated, “[t]he 2011 and 2014 guidance documents may have been well-intentioned, but those documents have led to the deprivation of rights for many students-both accused students denied fair process and victims denied an adequate resolution of their complaints.” The Acting Assistant Secretary went on to state that the 2011 and 2014 guidance documents imposed regulatory burdens without affording notice and the opportunity for public comments.
Sunset of the Obama Administration and Dawn of the Trump Administration: OCR Complaints Skyrocket During 2016
The U.S. Department of Education recently released two reports spotlighting the achievements and challenges of its Office for Civil Rights (OCR). During an event with U.S. Secretary of Education John B. King Jr., former Education Secretary Arne Duncan, and Assistant Secretary for Civil Rights Catherine E. Lhamon the Department released two reports touting OCR’s achievements.