Category: Education Law

From Kirsch-Goodwin & Kirsch, PLLC Transgender is an umbrella term for persons whose gender identity or expression (masculine, feminine, other) is different from their sex (male, female) at birth.  Gender identity refers to one’s internal understanding of one’s own gender, or the gender with which a person identifies. Gender expression is a term used to describe people’s outward presentation of…

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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 lower…

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By Michelle Ball, California Education Attorney for Students since 1995 Most parents see schools as places where their kids go daily, while they are at work or taking care of other household needs, and forget about them.  College students may view their universities as a large mass of buildings and detached college staff and instructors. …

Read More “Twelve Tips To Winning School and College Disputes” »

The Education, Children and Young People Committee is the lead committee for the Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill, a private member’s Bill, introduced by Pam Duncan-Glancy MSP. The period for interested parties to submit their views on the Bill to the Committee has recently ended. Here is a summary of…

Read More “Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill – The Additional Support Needs Blog” »

  Between August and late June, there isn’t a day when I don’t hear from parents related to IEP Plans, 504 Plans, or general education programming.  It’s a major part of my life.  And in these discussions, I usually touch upon a few guiding questions to set up the conversation moving forward:  EVALUATIONS WHAT WORKS…

Read More “Education Advocacy Tool Kit: Three Essentials” »

By: Ruhani K. Aulakh, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On June 20, 2023, the New Jersey Supreme Court in Gannett Satellite Info. Network, LLC v. Township. of Neptune declined to adopt an exception to the American Rule for attorneys’ fees under common law right of access claims to public records, which requires each…

Read More “N.J. Supreme Court Declines Awarding Attorney Fees Under Common Law Right of Public Access” »

A.R.S. § 15-105 Use of restraint and seclusion techniques; requirements; definitions Effective: July 3, 2015 A. A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:   1. The pupil’s behavior presents an imminent danger of bodily harm to the pupil or others. 2. Less…

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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. According to a press release from…

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By Michelle Ball, California Education Attorney for Students since 1995 Many times when a public school student faces expulsion, there is confusion about what this means and how long an expulsion may continue.  Some questions and answers relevant to the length of expulsions in the public school setting, (high school or below) may be helpful…

Read More “How Long Can A School Expulsion Go? Q & A” »

This week has been Anti-Bullying Week 2022, so it seems appropriate to take a quick look at a recent decision of the Scottish Public Services Ombudsman (SPSO). On the one hand, it is a complaint about a complaint about a complaint – and those can end up being very focussed on the procedural side of…

Read More “Listen Up! – The Additional Support Needs Blog” »