John W. Borkowski and Aleks Ostojic Rushing

On June 8, 2017, Acting Assistant Secretary for Civil Rights, Candice Jackson, sent a memorandum to the U.S. Department of Education’s Office for Civil Rights regional directors, outlining immediate changes to the investigative practices to be used when investigating alleged violations of civil rights by public school districts in the United States.  The memorandum applies...Continue Reading…
Playing the Waiting Game: Trump Administration Has Yet to Nominate an Assistant Secretary for Civil Rights It has been over one month since Secretary of Education Betsy DeVos was confirmed by the Senate. Secretary DeVos and the Trump Administration have already had a lot of impact on schools during the past month in office, including withdrawing Obama-Era Transgender Guidance and providing guidance on consolidated state plans related to the Every Student […]Continue Reading…
Secretary of Education Betsy DeVos recently provided some clarifications on the implementation of the Every Student Succeeds Act (ESSA) and released an updated template for the consolidated state plans. The hope, Secretary DeVos said, is that the updated template “ensures greater flexibility for state and local education leaders to do what they know is best […]Continue Reading…
On Friday, February 10, 2017, the Trump Administration announced that the United States will no longer challenge the injunction against enforcement of the joint Department of Justice and Department of Education guidance on treatment of transgender students that was issued last year. We expect further developments in the coming weeks and months, but for now see our Higher […]Continue Reading…
A Decision Could Be Around the Corner in Fry v. Napoleon Community Schools Fry v. Napoleon Community Schools is one of two important special education cases the Supreme Court will decide this year.  Fry involves the parents of a student with quadriplegic cerebral palsy who sued the school under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. In this case, the school refused to allow the […]Continue Reading…