Schools can Address Safety Concerns While Adhering to the Family Educational Rights and Privacy Act

Recent state and federal guidance confirms that districts can release many types of information about students when responding to school-safety concerns or handling student disciplinary actions without violating the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (“FERPA”). Releasing Information in Response to School-Safety Concerns The Colorado Attorney General recently advised in Formal Opinion [...]

By |2018-02-27T08:52:58-06:00January 31, 2018|

Supreme Court Rules on Endrew F. v. Douglas County School District

The United States Supreme Court issued a decision today on the special education case of Endrew F. v. Douglas County School District, holding that the Tenth Circuit Court of Appeals applied the wrong standard in assessing whether the school district provided the child with a free appropriate public education as required by the Individuals with Disabilities Education Act. The Court [...]

By |2017-03-23T09:44:11-06:00March 23, 2017|

Federal Court Blocks Implementation of DOL Final Overtime Rule

On Nov. 22, 2016, a federal court issued a preliminary injunction that blocks (for now) the implementation of the U.S. Department of Labor’s Final Overtime Rule, which would have gone into effect on December 1 and would have increased the minimum salary threshold necessary to qualify for exemption from the Fair Labor Standards Act under the so-called “white collar” or [...]

By |2016-11-28T16:50:56-06:00November 28, 2016|

Court Rules Employers May Terminate Employees for Medical Marijuana Use

The Colorado Supreme Court recently issued a highly anticipated decision regarding employee use of medical marijuana. In the case, Coats v. Dish Network, Colorado’s highest court held that employees can be terminated for the off-duty use of medical marijuana. The Plaintiff, Mr. Coats, is a quadriplegic and has been confined to a wheelchair since he was a teenager. In 2009, [...]

By |2016-12-27T11:06:37-06:00June 17, 2015|

DOE and DOJ Issue Joint Guidance on Communicating with Students with Disabilities

The United States Department of Justice’s Civil Rights Division in collaboration with the Department of Education’s Office for Civil Rights and Office of Special Education and Rehabilitative Services recently released a Dear Colleague Letter elaborating on the responsibility of public schools to ensure that communication with students with hearing, vision and speech disabilities is as effective as communication with all [...]

By |2014-12-02T17:09:01-06:00November 20, 2014|

OCR Issues Guidance on Bullying of Students with Disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) has issued guidance to public schools nationwide in the form of a “Dear Colleague Letter” regarding the bullying of disabled students. The guidance details school officials’ responsibilities under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (ADA) related to such bullying. [...]

By |2014-12-02T17:08:51-06:00October 31, 2014|

Office for Civil Rights Issues Guidance on Equal Access to Educational Resources

The United States Department of Education recently issued new guidance from its Office for Civil Rights emphasizing the rights of all students to equal access to educational resources “without regard to race, color, or national origin.” The Dear Colleague letter addresses the standards set in Title VI of the Civil Rights Act of 1964 and, according to a press release [...]

By |2016-12-27T11:06:57-06:00October 15, 2014|

U.S. Department of Education Issues Guidance on Collection and Sharing of Student Data

In response to mounting parent concern about the privacy of student educational data, the Privacy Technical Assistance Center (PTAC) within the U.S. Department of Education (DOE) recently issued guidance that encourages K-12 school districts to achieve greater transparency in their data practices and offers a number of best practices for school districts to consider in improving transparency. The DOE divides these [...]

By |2016-12-27T11:07:01-06:00July 29, 2014|

What educators need to know about the Colorado Mandatory Reporting Law

The message of the law to school administrators and officials is clear: if you suspect that a child has been subjected to abuse or neglect, report it. In connection with an alleged rape against a then-16-year-old girl in Steubenville, Ohio, administrators recently experienced legal consequences when criminal charges were filed against several officials. At least one of the charges indicated [...]

By |2016-12-27T11:07:12-06:00December 9, 2013|

New Tenth Circuit Case Regarding the Family Medical Leave Act

The 10th Circuit in Brown v. Scriptpro, LLC, published November 28, 2012, addressed the importance of evaluations that identify specific performance issues.  Mr. Brown worked at Scriptpro, a company that makes and sells automated prescription drug dispensing systems.  He received an annual evaluation for the 2007-08 year that contained both positive assessments as well as assessments indicating the need for [...]

By |2016-12-27T11:07:16-06:00November 28, 2012|