Gavel On Rainbow FlagAs we noted was a possible outcome in our prior analysis of the Trump Administration’s withdrawal of the Obama-era guidance on facilities use by transgender students, the Supreme Court has remanded Gloucester County School Board v. G.G. without issuing a decision.  Prior to this remand order, the Court was set to decide whether Title IX

Family paper chainOn February 22, the Supreme Court of the United States issued its opinion in Fry ex rel. E.F. v. Napoleon Community SchoolsFry addresses the circumstances in which parents must exhaust the administrative remedies found in the Individuals with Disabilities Education Act (IDEA), when their lawsuit purports to assert claims only under other federal discrimination statutes—namely, the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act.  The Court held, unanimously, that parents must exhaust IDEA’s administrative procedures only when the “substance, or gravamen, of the plaintiff’s complaint” seeks relief for the denial of a Free Appropriate Public Education (FAPE).
Continue Reading Supreme Court Clarifies Administrative Exhaustion Requirements Under IDEA

200275123-001In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex. To learn more, please visit

school-suppliesiStock_000069722103_LargeGavin Grimm, a transgender male high school student in Virginia, convinced the Fourth Circuit Court of Appeals that he must be allowed to use the men’s bathroom at school; however, the Supreme Court recently issued a stay, which is to say to Grimm, “Let’s wait a minute; is this really required by federal law?

As schools attempt to navigate the varied, and often conflicting, views and authorities regarding transgender students’ use of bathrooms and locker rooms, one thing all sides can agree on is that clear guidance from SCOTUS would help schools know where they stand. That guidance may be coming next term. This is particularly true now that a federal district court in Texas has disagreed with the Fourth Circuit.
Continue Reading Supreme Court Issues Stay Regarding Transgender Student Bathroom Order