The Sixth Circuit Steps into the Transgender Debate By Affirming The Highland Local Decision

The ongoing debate regarding the responsibilities of public school districts with respect to transgender students has continued to be fueled by a new decision from the United States Court of Appeals for the Sixth Circuit. On December 15, 2016, the Sixth Circuit issued an Order in Board of Education of Highland Local School District v. United States Department of Education, et al., affirming the decision of the United States District Court for the Southern District of Ohio, which blocked that school district's attempt to prevent a transgender student identifying as a female from using the girls' restroom at her school. Both the lower court's decision and the Sixth Circuit decisions in Highland align with the U.S. Department of Education's ("DOE") interpretation of Title IX. Specifically, the DOE has provided that funding recipients must "generally treat transgender students consistent with their gender identity." [More]

Transgender Student Case Makes Its Way To The United States Supreme Court

The national debate regarding transgender students' rights and the obligations of school districts has developed rapidly this year. Courts across the country, including in Ohio, have issued varied decisions on these issues and the United States Department of Education ("DOE") and the United States Department of Justice ("DOJ") have issued controversial guidance. On October 28, 2016, the United States Supreme Court agreed to hear the recent Fourth Circuit Gloucester County School Board v. GG case, regarding bathroom use policy in relation to a transgender student. So, clarification on some of the issues facing districts may be on the horizon. [More]

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]