The Degree of "Educational Benefit" Required for a Free Appropriate Public Education: United States Supreme Court to Settle the Debate

Under the Individuals with Disabilities Education Improvement Act (IDEIA), public schools must provide a free appropriate public education (FAPE) to students with disabilities. The degree of "educational benefit" a child must receive in order for the school district to have provided a FAPE has been a question that school districts across the country have grappled with for decades. But clarification is in sight as the United States Supreme Court will hear the case of Endrew F. v. Douglas County School District RE-1. The central issue in Endrew F. is defining the level of educational benefit a school district must confer on children with disabilities to provide them with the FAPE guaranteed by the IDEIA. [More]

Helping Schools Deal with Transgender Issues

Amid national strain and debate surrounding gender identity--from boycotts of Target due to its transgender bathroom policy to state laws and city ordinances that are aimed to restrict restroom use to biological at birth gender--school districts find themselves thrown into this national debate. Guidance from courts and agencies continues to evolve, leaving school districts floundering amidst the controversy with a lack of adequate legal direction to help them balance the prohibition of discrimination against privacy and safety concerns for the student body and community. [More]

U.S. Departments of Education and Justice Weigh In on the Legal Developments Regarding Transgender Students

On May 13, 2016, the United States Department of Education ("DOE") and the United States Department of Justice ("DOJ") issued guidance to educational institutions that receive federal financial assistance regarding the rights of transgender students under Title IX. This guidance comes on the heels of a decision by the Fourth Circuit Court of Appeals regarding this issue. [More]