Short Series Podcast: Transgender K-12, Overview of Case Law Part II

by | Jul 6, 2023 | General

In this episode, Erin and Giselle move to the starboard side of the ship to highlight two cases related to privacy of cisgender students, parents’ rights, and recognition of religious beliefs under Title IX and equal protection. The cases were brought by parents of cisgender students, include some well known names, and each showcases the court’s steerage of the ship through the changing winds.

You can also listen here or wherever you get your podcasts. Look for new episodes on the first and third Thursdays of the month.

 

CTC Corner: Accessibility of Online Services and Programs Focus of Enforcement by DOJ andOCR

CTC Corner: Accessibility of Online Services and Programs Focus of Enforcement by DOJ andOCR

by | Jun 20, 2023 | General, Legislation, School Management

On May 19, 2023, the U.S. Department of Justice Civil Rights Division and the U.S. Department of Education Office for Civil Rights issued a joint Dear Colleague letter (“Letter”) reminding postsecondary institutions of their obligations to ensure that the online services, programs, and activities provided by such institutions are accessible to individuals with disabilities.

The Departments’ focus in in this Letter pointedly refers to two federal laws (the Americans with Disabilities Act and Section 504 of the Rehabilitation Act)that require postsecondary institutions (and K-12 entities) to provide equal opportunities to people with disabilities in all of their operations, including equal opportunities to participate in and benefit from online services, programs and activities. Both laws require postsecondary (and K-12) institutions ensure the accessibility of public-facing websites, learning management systems, password-protected student-facing content, mass email blasts, online programming, etc. The key, according to the Letter, is to remove digital barriers and provide access to online services, programming, and content, etc.

Digital accessibility-and enforcement- is an ongoing focus for the Departments in addressing issues related to institutions failing to achieve those goals. It highlights a consent decree in which a postsecondary institution in California was required to make all public online content on its website and other online platforms accessible to people with disabilities, including videos and podcasts on YouTube, Apple Podcasts, and third-party platforms. The consent decree required the institution to designate a “web accessibility coordinator”, accessibility testing of online content, and independent auditing to evaluate whether content provided to students and the public was accessible.

In May 2022, the Office for Civil Rights engaged in over 100 compliance reviews concerning digital accessibility, which included education from K-12 through postsecondary education. During the same time period, the Justice Department also issued guidance involving web access for individuals with disabilities, showing how districts can make sure their websites and services are accessible to people with disabilities as required by the ADA. This guidance may be accessed here.

While this Letter does not address K-12 educational institutions, it does serve as a useful reminder to both K-12 and also those institutions providing both levels of education that educational technology accessibility has been and will continue to be a focus for the Departments in ensuring equal access. Districts should also be watching for the Department of Education’s Notice of Proposed Rulemaking for amendments to Section 504 regulations that was mentioned in this Letter.

What does this mean for your District?
The Departments are laser focused on this topic. As bluntly stated in this guidance: “[o]nline accessibility for people with disabilities cannot be an afterthought.” Districts should conduct a review of the accessibility of online programming, services, activities, etc. provided to ensure that these essential services are accessible to students with disabilities. Internal audits of online programs and services to ensure educational technology is accessible: if barriers are discovered, steps can be taken and documented to ensure these programs are accessible going forward.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Short Series Podcast: Transgender K-12, Taking a Look Back

by | Jun 2, 2023 | General, Special Education

Ennis Britton's Short Series Podcast: Ep. 1 Taking a Look Back: Legislation, Court Cases and the States

by Giselle Spencer & Erin Wessendorf-Wortman

In this 6-episode series of The Ennis Britton Short Series Podcast: Transgender K-12, attorneys Erin Wessendorf-Wortman and Giselle Spencer take a deep dive into the ever-changing landscape of K-12 schools and transgender students. They will cover the history and impact of laws and regulations affecting transgender students and educators at both the state and federal levels, as well as provide information you can use every day during the school year.

Episode 1: Taking a Look Back: Legislation, Court Cases and the States

In this first episode, Erin and Giselle discuss the importance of understanding the history of laws and executive actions that have shaped the current landscape in K-12 Schools with regard to transgender students. They highlight specific executive actions dating back to 2014 to today and try to help you make sense of how it applies to everyday school life.

You can also listen here or wherever you get your podcasts. Look for new episodes on the first and third Thursdays of the month.

 

On the Call Podcast: MDR Change of Placement

by | Apr 25, 2023 | General, Special Education

On The Call: MDR Change in Placement

by Jeremy Neff & Erin Wessendorf-Wortman

Educators and administrators are some of the kindest people around and, in an effort to make it easy for parents, will sometimes try to avoid the MDR process when student discipline becomes an issue. But side-stepping the MDR process and inadvertently making a placement change without parent involvement can be deemed a “switcheroo” and can get you in trouble, as was the case in Ozark, Alabama in a recent matter before the State’s Educational Agency. Erin and Jeremy provide some practical tips to assist you and the parents during the MDR and to keep the process “learning focused”, which would make even Marty and Wendy happy. 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

 

Special Education Update: U.S. Supreme Court Issues Decision in Perez v. Sturgis Public Schools

Special Education Update: U.S. Supreme Court Issues Decision in Perez v. Sturgis Public Schools

by | Apr 17, 2023 | General, Special Education

On March 21, 2023, the U.S. Supreme Court unanimously determined that parents do not have to exhaust their IDEA administrative remedies if they seek only monetary damages under Section 504 or the ADA.

In this case (Perez v. Sturgis Public Schools “Sturgis”) the school district was alleged to have denied a qualified interpreter to a deaf student for 12 years and to have misled the parents and student into thinking the student would graduate on time, informing them only in the months prior to graduation that the student would not, in fact, be eligible for graduation. After filing and settling their due process claim with the school district, the student (who was over 18 at the time of filing) filed a federal lawsuit, alleging violations of Section 504 and the ADA, seeking compensatory damages for emotional distress and lost income resulting from the school district’s failures.

Before the U.S. Supreme Court, the student argued that he was not required to exhaust his IDEA administrative remedies because he was not seeking remedies that were available under the IDEA. The school district argued that the student was required to exhaust his IDEA administrative remedies because the student alleged a failure to provide a free and appropriate public education. The entire argument centered on the differences between remedy or relief sought. However, the U.S. Supreme Court did not find that there was any difference between remedy or relief, holding that “relief means remedy.” The Court expressly indicated that if Congress intended to distinguish the two terms, they should have done so.

As a result of this case, parents and students may avoid IDEA exhaustion remedies by filing directly with federal court demanding monetary damages.

An additional note, the Congressional Research Services, a research institute working directly for members and committees of the U.S. Congress, has provided a Legal Sidebar for members of Congress on this case indicating that Congress has a history of legislating in this area in response to Supreme Court decisions and this is an area where Congress could clarify its intent.

What Does This Mean For Your District?

In the daily operations of school districts serving students with disabilities, the Sturgis decision changes nothing about the exemplary services public schools provide every day to students with disabilities. The expectation from many observers is that the Sturgis decision could, however,  result in higher settlement demands for school districts. Please reach out to a member of Ennis Britton’s Special Education Team for more information on this case, or obtain a recording of Ennis Britton’s case law update discussing this case.

Perez v. Sturgis Public Schools, 143 S. Ct. 859 (2023)