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Articles in Channel: Education Law
Attacks on Foreign Students in Russia Lead to Worries About Safety of Study Abroad Programs
Study abroad programs continue to be scrutinized as more headlines spotlight potential risks and the serious as well as fatal consequences for students. For example, this past week, a Korean Student identified as Shim was attacked by a masked assailant and is reported to be in critical...
NINTH CIRCUIT AFFIRMS DENIAL OF REQUEST FOR ANONYMITY IN CHALLENGE TO HAWAIIAN SCHOOL'S ALLEGEDLY DISCRIMINATORY ADMISSIONS POLICY
On March 2, 2010, the Ninth Circuit Court of Appeals affirmed a Hawaiian district court decision denying the request of applicants to the Kamehameha Schools to proceed anonymously in a lawsuit challenging the school’s admissions policy, and further affirmed the district court’s...
Sixth Circuit Rules Michigan Religious School Teacher is Not a "Ministerial Employee" Under the ADA
On March 9, 2010, the Sixth Circuit Court of Appeals held that a former teacher at a religious school was not a “ministerial employee” for purposes of the Americans with Disabilities Act of 1990. Thus, the court held that the EEOC and the teacher could pursue claims for disability...
Michigan Jury Finds School Violated Title IX, Awards Student $800,000 For Peer Harassment
The Detroit Free Press reports that a federal jury awarded damages of $800,000 to a student who suffered peer-on-peer harassment at Hudson Area Schools. The plaintiff, a child of David and Dena Patterson identified as “DP,” started to experience bullying as a sixth grader. During sixth...
GA Joint Committee on Education Hears Testimony Re: Due Process Hearing Burden of Proof
For the second year running, the Joint Committee on Education has raised the possibility of legislative override of the state regulation shifting the burden of proof in special education due process hearings to Connecticut school districts. Yesterday, in a hearing that started at...
Ninth Circuit Holds Arizona Charter School's Actions Do Not Satisfy "State Actor" Requirement
The Ninth Circuit Court of Appeals held on January 4, 2010, that a charter school’s alleged conduct did not satisfy the “state actor” requirement for purposes of a 42 U.S.C. §1983 claim in Caviness v. Horizon Cmty. Learning Ctr., 590 F.3d 806 (9th Cir. 2010). The lawsuit...
CT DOE Circulates Draft Revised Special Education Regulations
In June 2007, the CT DOE started the process of revising the state special education regulations, and circulated its proposals for public comment. Based on the responses, the Department decided to revise its proposal and restart the review process. A new draft has emerged, dated...
Students Join In Protest on the "Day of Action to Defend Public Education"
Students joined in protest at public colleges and universities across the nation on March 4, 2010, primarily in an effort to call attention to state education cuts and the rising cost of tuition. At the University of Washington, the Seattle Times reports, hundreds of students marched on the Quad,...
Fourth Circuit Rejects Morgan State University Professor's Discrimination Claim
On February 19, 2010, the Fourth Circuit Court of Appeals affirmed the dismissal of discrimination and retaliation claims filed by a Morgan State University professor. By way of background, before filing suit in federal court on a claim of discrimination under Title VII of the Civil Rights Act of...
Obama Renews Initiative on Historically Black Colleges
On February 26, 2010, President Obama renewed the White House’s Initiative on Historically Black Colleges and Universities (“HBCUs”) by issuance of an executive order. President Obama introduced the executive order during a speech in the East Room of the White House. He...
