The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v. Osseo Area Schools, No. 24-249, 2025 WL 226839 (U.S. Jan. 17, 2025). At issue is whether students with disabilities
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Title IX Litigation Tracker: Where Do Things Stand Two Months After Implementation?
It has been two months since the August 1, 2024, implementation date for the 2024 Title IX regulations promulgated by the U.S. Department of Education (“Department”), and schools across the country still face uncertainty from the court cases challenging the regulations.
Since their publication, the new regulations have faced strong opposition by states and national…
Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations
Last Updated: August 20, 2024.
On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people from being excluded, denied benefits, or subject to discrimination under any education program or…
OCR Releases Fact Sheet on School Districts’ Obligations under Title VI
On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment, based on race, color, or national origin. The Fact Sheet clarifies the legal obligations of school districts under Title VI of the…
In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law
In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’ Restricting Explicit and Adult-Designated Educational Resources (READER) Act marked a departure from this practice and sought to…
Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education
On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide an overview of that data. OCR also launched a redesigned Civil Rights Data Collection (“CRDC”) website that includes public-use data…
U.S. Department of Education Guidance and Resources about Addressing Discrimination and Harassment on the Basis of National Origin
The Biden Administration has made concentrated efforts to address the rise in reports of antisemitic, Islamophobic, and other hate-based or bias-based incidents in schools and on college campuses since the beginning of the Israel-Hamas conflict. On November 7, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) issued a Dear Colleague Letter…
DOJ Releases Notice of Proposed Rulemaking on Online Accessibility Requirements
On August 4, 2023, the Civil Rights Division of the U.S. Department of Justice (DOJ) published in the Federal Register a notice of proposed rulemaking (NPRM), on accessibility requirements for online and app-based services offered by state and local government entities, including public schools, community colleges, and public universities.…
OCR Fact Sheet on Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners
In 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) released a Fact Sheet on Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners (“Fact Sheet”), which is available here. The Fact Sheet provides data showing OCR found that students who are English Learners (“ELs”) have…
Anticipating Regulations on Athletics Opportunities Under Title IX: A Look Back at 2023 Guidance from OCR
In April 2023, the U.S. Department of Education’s (Department) released a notice of proposed rulemaking (NPRM) on Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams. The final rule is expected to be released in spring 2024. For highlights from…