Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Update on upcoming Title IX regulations
12/14/21
By: Candice Jackson
The U.S. Department of Education (ED) has updated its plans to issue amendments to Title IX regulations. In a statement by ED’s Assistant Secretary for Civil Rights, Catherine Lhamon, ED announced that the Department intends to publish proposed regulatory amendments in April 2022.
Under the previous …
Oh, Snap! Supreme Court Rules School District Violated Cheerleader’s First Amendment Rights in Mahanoy Area School District v. B.L
6/24/21
By: Tia Combs and Racheal Slimmon
On Wednesday, the U.S. Supreme Court reversed a controversial holding by the Third Circuit that schools cannot regulate students’ speech outside of the school’s walls. In doing so, the Court reaffirmed that while a …
The Supreme Court Considers Discipline for Off-Campus Student Speech
5/3/21
By: Rachael Slimmon
Last week the Supreme Court heard oral argument in a case that tests the boundaries of a school’s right to control the off-campus speech of its students. In Mahanoy Area School District v. B.L.,a Pennsylvania public …
Clemson University Settlements Highlight Trends in Title IX Sports Claims
4/27/21
By: Candice Jackson and Wayne Melnick
As colleges and universities face budget shortfalls that may be especially sharp due to challenges posed by COVID-19, two pre-litigation settlements reached by Clemson University last week highlight the risks to educational institutions of …
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/22/21
By: Tia Combs and Candice Jackson
Part 2: “A Year Online”
A New and Deadly Virus
In January 2020, few Americans were aware the outbreak of a novel coronavirus that was about to dramatically alter how nearly every person …
California Supreme Court Clarifies Duty of Care, With Special Implications for Claims by Students and Minors
4/19/21
By: Candice Jackson and Robert A. Cutbirth
April is Sexual Assault Awareness Month. On the first day of this important month, the California Supreme Court issued Brown v. USA Taekwondo. Arising from allegations of sexual assault by members of the United States’ women’s taekwondo …
The First Amendment Shield Against Student & Faculty Discipline
4/13/21
By Candice Jackson
Two recent federal court decisions give guidance to public universities on the interplay of free speech, academic freedom, free exercise of religion, and diversity and inclusion initiatives. The two cases have great significance for colleges and universities …
U.S. Department of Education Announces Plans to Review Its 2020 Title IX Regulations
4/6/21
By: Candice Jackson
The U.S. Department of Education (ED) announced today that to comply with President Biden’s Executive Order 14021, ED’s Office for Civil Rights (OCR) will commence a “comprehensive review” of ED’s 2020 Title IX sexual harassment regulations. …
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/2/21
By: Candice Jackson and Tia Combs
** This is the inaugural post in Freeman Mathis & Gary’s new Education Law Blog, beginning with a series addressing special education topics. **
Part 1: “Basics of FAPE: The Cornerstone of Special Education …