An application for writ of certiorari in the United States Supreme Court was recently filed by Plaintiff Lee-Walker in, Jeena Lee-Walker v. N.Y.C. Dep’t of Educ. et al. Plaintiff teacher filed a lawsuit against her previous employer, the New York City Department of Education, alleging that the district retaliated against her in violation of her First Amendment and due process rights.
On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the Office of Special Education Programs (OSEP), which administers the Individuals with Disabilities Education Act (IDEA) and provides guidance to states and local governments on how to provide free and appropriate public education to children with disabilities. The remaining nine documents are from the Rehabilitation Services Administration (RSA), which assists individuals with disabilities in employment, independence, and community integration matters. The OSEP documents concern topics including special education funding, due process procedures, private school placements, and more. By contrast, the RSA documents primarily concern employment issues and centers of independent living for adults with disabilities. Continue Reading Special Education “Clean Up” from ED: Trump Administration Rescinds 72 Special Education Guidance Documents
October is National Bullying Prevention Month, and a brighter light is being shed on bullying-related suicide. Bullying-related suicide can be connected to any type of bullying, including physical and emotional bullying, cyberbullying, and sexting (circulating suggestive or nude photos or messages about a person). The Centers for Disease Control (“CDC”) recently released a resource, Preventing Suicide: A Technical Package of Policy, Programs, and Practices, for guidance and strategies to prevent suicide. Continue Reading CDC Releases Guidance for Schools to Prevent Suicide
On October 4, 2017, Chicago Public Schools (CPS) agreed to drop its lawsuit against the state of Illinois over education funding distribution. The lawsuit was voluntarily dismissed by CPS without prejudice, meaning that CPS could still choose to re-file the case at a later date. Filed on February 14, 2017, by five families, the suit claimed that Illinois had violated the civil rights of students by distributing fewer funds to Chicago public schools than other public districts across the state. CPS alleged that only 76 cents were spent on Chicago students for every dollar spent on children in public schools outside of the city leading to a $500 million funding gap for Chicago public schools.
The October 2016 term of the United States Supreme Court was historic. Justice Neil Gorsuch was nominated by President Donald Trump to the United States Supreme Court on January 31, 2017. After Democrats filibustered the confirmation vote of Gorsuch, Republicans invoked the “nuclear option,” allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote. In yet another historic moment, Gorsuch became the first Supreme Court justice to serve alongside another justice for whom he once clerked (Justice Anthony Kennedy). Continue Reading Emerging Legal Issues in Urban Education: Recent Court Decisions and Agency Actions Affecting Public Education
President Trump and U.S. Department of Education (ED) Secretary DeVos have consistently emphasized and promoted the idea of “local control” in education. However, what does local control really mean? Power to the states? Power to the local school boards? Until now, many have believed that local control applied to all non-federal government involvement in education. The question continues to loom regarding the power struggle and what to do when the state government is in conflict with school boards and school districts. Continue Reading The Locus of Local Control: What Do Politicians Mean by Local Control in Education?
On Wednesday, July 13, 2017, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) made a significant decision regarding states’ ability to impose requirements for special education services to students. The Eighth Circuit ruled that although under federal law the Individuals with Disabilities Education Act (IDEA) does guarantee nonpublic school students with disabilities a free appropriate public education (FAPE), states are not prohibited from granting that right to private school students. Continue Reading Decision by Eighth Circuit Panel Clarifies States’ Ability to Impose FAPE Requirements
In Krueger v. Appleton Area School Dist. Bd. of Educ., No. 2015AP231, 2017 WI 70, (Wis. 2017), a parent of a child who attended school in the Appleton Area School District (District) alleged that a school board advisory committee meeting was improperly closed because it was a governmental body subject to Wisconsin’s open meetings law. Reversing the Wisconsin Court of Appeals, the Wisconsin Supreme Court concluded that the committee meeting improperly excluded the public from attending. Continue Reading Curriculum Meetings and Public Concerns Collide in Wisconsin Supreme Court Decision on Open Meetings Law
Legislation passed by the Missouri General Assembly this term will have a significant impact on Missouri schools. First, the General Assembly quickly passed a right-to-work bill that Governor Greitens signed into law less than a month after his inauguration. Second, on June 30, 2017, Governor Greitens signed a bill into law changing the requirements for state employment discrimination claims and providing a statutory basis for whistleblower suits. Continue Reading Missouri Schools Face Changing Employment Laws This Year
This morning, the Supreme Court of the United States issued an opinion in favor of Trinity Lutheran Church in Trinity Lutheran Church of Columbia, Inc. v. Comer. The Court considered whether excluding churches from an otherwise neutral and secular aid program administered by a state agency violates the Free Exercise and Equal Protection Clauses of the U.S. Constitution. The Court held a Missouri program funding safety material for playgrounds at public and on non-secular private institutions but not religious ones violated the rights of Trinity Lutheran under the Free Exercise Clause of the First Amendment by denying the church an otherwise available public benefit on account of its religious status. Continue Reading Update: Supreme Court Issues Decision in Favor of Trinity Lutheran Church