NSBA Legal Clips
Archived entries for OCR

Federal district court in Virginia issues opinion dismissing transgender student’s Title IX claim and denying his motion for a preliminary injunction in suit over use of the boys’ restroom

Abstract: A federal district court in Virginia has issued a memorandum opinion regarding dismissal of a student’s Title IX claim, on July 27, 2015, and the denial of the student’s motion for a preliminary injunction, which was filed for the purpose of allowing the student to use the bathroom that corresponds with his sexual identity pending the court’s ruling on his Equal Protection claim.

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African American parents’ suit claims Florida district is discriminating against their son on the basis of race by refusing to provide speech therapy

Charlene and Andre Daniels have filed suit in federal court against Duval County Public Schools (DCPS), says the Florida Times-Union, claiming that the school district is refusing to provide their preschool son with speech therapy because of his race. The suit alleges that DCPS refused to provide the requested speech therapy because it determined that the type of speech problem he manifested was “typical speech for African Americans.”

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Sua Sponte: In conjunction with ED/DOJ’s joint guidance issued in January 2015 on providing English language learner students with access to curricular and extracurricular programs, the departments issue chapter four of the toolkit

The U.S. Departments of Education (ED) and Justice (DOJ) have issued the fourth chapter of the “English Learner Tool Kit,” which is intended to help states (SEA) and local school districts (LEA) meet their obligations to English Learners (ELs).

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OCR responds to NSBA’s March 2015 letter to OCR raising concerns about OCR, DOJ and OSER’s November 2014 “Dear Colleague Letter” guidance regarding ADA Title II’s “effective communication” regulation

On June 15, 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) sent a letter to the National School Boards Association (NSBA) General Counsel Francisco M. Negrón, Jr. responding to the letter he sent to OCR on March 5, 2015 regarding the regulatory guidance issued by OCR, the Department of Justice (DOJ) and the Office of Special Education and Rehabilitative Services (OSERS), on November 12, 2014, in the form of a “Dear Colleague Letter” (DCL) on the subject of the Americans with Disabilities Act (ADA) Title II’s “effective communication” regulation.

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Oklahoma district unlikely to implement revised student discipline policy by the start of the 2015-16 school year

The Oklahoman reports that Oklahoma City Public School district has no plans to roll out a revised code of student conduct before the start of the new school year.

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OCR reports a surge in number of federal civil rights complaints involving students with disabilities

According to Education Week, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a report in April 2015, which found that nearly half of all complaints to the civil rights office continue to involve students with disabilities, with sex- and race-discrimination complaints making up a lesser part of the caseload.

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Sua Sponte: OCR issues report for fiscal years 2013 and 2014 to the President and Secretary of Education on the agency’s activities and accomplishments

The U.S. Department of Education’s Office for Civil Rights (OCR) has published the Protecting Civil Rights, Advancing Equity, Report to the President and Secretary of Education.

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Parent files complaint with OCR against Ohio district alleging racial harassment and bullying

The parent of two biracial students has filed a complaint with the U.S. Department of Education’s Office of Civil Rights (OCR), alleging that Lebanon School District (LSD) has ignored her complaints of racial harassment and bullying, says Education News.

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Fourth Circuit panel rules that plaintiffs claiming peer sexual harassment under Title IX must show that district was deliberately indifferent, rather than merely negligent

A U.S. Court of Appeals for the Fourth Circuit three-judge panel, in a per curiam (unauthored) opinion, affirmed a lower court’s decision granting a school district summary judgment on a student’s Title IX claim of peer sexual harassment.

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NSBA criticizes U.S. Supreme Court decision in Perez v. Mortgage Bankers Ass’n arguing that ruling allows agencies to use informal rulemaking, such as Dear Colleague Letters without the check of notice and comment

Education Week’s School Law Blog reports that the National School Boards Association (NSBA) has criticized the U.S. Supreme Court’s decision in Perez v. Mortgage Bankers Ass’n.

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