The Third Circuit Court of Appeals recently ruled in D.S. v. Bayonne Board of Education that a learning disabled student’s individualized educational program (IEP) failed to provide him with a free appropriate public education (FAPE). Despite the student having received high marks […]
Author: Franczek
“Day of Silence” Cases Remind That Even Arguably Offensive Student Speech May Be Protected Speech
May 10, 2010
Two recent cases highlight the limitations school districts face when trying to be proactive in restricting arguably offensive student speech before it has a negative effect at school. In the first case, Zamecnik v. Indian Prairie Sch. Dist. # 204 Bd. […]
Change in Title IX Policy Raises Bar for Compliance
April 15, 2010
Vice President Joe Biden announced that the Department of Education has implemented a new policy under which it will consider more rigorous factors to assess compliance by colleges, universities and secondary schools with Title IX’s mandate for equal athletic opportunities […]
The Pledge of Allegiance survived review by a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which has jurisdiction over 11 Western states. In Newdow v. Rio Linda Union School District the atheist parents of a number […]
The U.S. Department of Education recently indicated plans to intensify civil rights oversight and enforcement efforts by its Office for Civil Rights (OCR). The OCR division of the Department of Education enforces federal laws prohibiting discrimination against students based on […]
Franczek P.C. Represents Indiana School Districts in Lawsuit Against the State of Indiana
March 1, 2010
Last week, three Franczek P.C. clients—Hamilton Southeastern Schools, Franklin Township Community Schools and Middlebury Community Schools—filed a lawsuit in Hamilton County, Indiana, against the State of Indiana. The public school corporations, located throughout the state of Indiana, argue that their […]
Seventh Circuit Finds that School District is not Liable for Sexual Harassment by a Former Teacher
February 16, 2010
The Seventh Circuit Court of Appeals, in Jane Doe-2 v. McLean County Unit District No. 5, recently rejected the claim of a Urbana School District student that McLean School District was responsible for the sexual harassment perpetrated against her by a […]
Lately we have received a number of inquiries regarding school fee waivers. At the beginning of the current 2009-2010 school year, legislation was passed (Public Act 96-0360) allowing school districts to establish their own application process for determining and verifying […]