Supreme Court Allows Parents to Avoid IDEIA Administrative Process for Section 504 Claims

In last week's high-profile decision, the Supreme Court permitted parents to skip the due process complaint procedures if their claims relate primarily to Section 504 of the Rehabilitation Act of 1973 ("Section 504"), rather than the Individuals with Disabilities Education Improvement Act ("IDEIA"). The IDEIA requires school districts to provide qualifying students with a free appropriate public education ("FAPE") through specially-designed instruction and related services. Section 504, however, is a more general law prohibiting discrimination and obligating districts to provide equal access to public institutions to all persons with disabilities. In the past, courts have often required dissatisfied parents to exhaust the special education due process procedures, even if their claims related primarily to Section 504, and did not involve FAPE under the IDEIA. In Fry v. Napoleon, however, the Supreme Court rejected this approach and provided new parameters for claims appearing to relate to both laws. [More]

Trump Administration Withdraws Transgender Guidance

The Trump Administration made a significant move Wednesday night in the national debate regarding transgender students' rights by withdrawing previously issued guidance from the United States Department of Education ("DOE") and Department of Justice ("DOJ") on the topic. The prior guidance from the DOE and DOJ, which was issued by the Obama administration in May 2016 ("May guidance"), interpreted Title IX as requiring treatment of students in a manner consistent with their gender identity. The May guidance provided examples of policies and practices to support transgender students, such as utilizing the name the student has selected, requiring access to restrooms, locker rooms, and overnight accommodations for school trips in accordance with the gender with which the student identifies. [More]

Expectations of the EEOC, OCRC and OCR

On February 2, 2017, Peter T. Zawadski spoke at a Compliance Officer Training program, organized by the Buckeye Association of School Administrators. The topic of Peter's presentation, which was given in Columbus, Ohio, was, "Expectations of the EEOC, OCRC and OCR." [More]