Failure to Provide Translation Services to Parents Whose Native Language is Other than English May Deny An Equal Opportunity to Participate in the Development of a Student’s IEP In Garcia et. al. v. Morath, et. al., 122 LRP 29203, (W.D. Tex. 2022) Plaintiffs alleged that they had been denied "appropriate translation and interpretation services depriving each mother…
Do Not Overlook Providing a Cost Estimate When Responding to Public Information Requests With the intense public focus on library book challenges, many of our clients have experienced an explosion of requests for documents related to book challenges under the Texas Public Information Act. In most cases, the documents resulting from the search are few and…
NEW TITLE IX, SECTION 504 AND FERPA REGULATIONS FORTHCOMING The U.S. Department of Education’s (“DOE”) Agency Rule List indicates that new Title IX regulations will be issued in May 2023. These revised regulations will address discrimination on the basis of gender identity or sexual orientation, as well as the inclusion of IEP teams of students with…
9th Circuit Court Upholds District Court’s Decision to Impose Student Discipline for Off Campus Speech In 2021, the U.S. U.S. Supreme Court issued its decision in Mahanoy Area Sch. Dist. v. B.L. ex rel. Levy, 141 S. Ct. 2038, 2045, 210 L.Ed.2d 403 (2021), which concerned a public high school's ability under the First Amendment…
TEA has proposed a new rule 19 TAC §61.1031 for facility safety and security that would apply to all public school instructional facilities, whether owned, operated, or leased. The proposed new rule requires specific standards for exterior doors, primary entrances, ground level windows, and security of all entrances. It also requires all entrances to be…
On November 10, 2022 the Office of Special Education and Rehabilitative Services (“OSERS”) issued a Letter to State Directors of Special Education on Ensuring a High-Quality Education for Highly Mobile Children, which addresses children experiencing frequent moves to new school districts, such as military children, migratory children, homeless children, and children in the foster care…
Yesterday, the U.S. Supreme Court declined to hear a Virginia school board's appeal to bring back its transgender bathroom ban, leaving in place the lower court’s ruling that the school board had acted unlawfully in preventing Gavin Grimm from using the boys’ bathroom. In 2015, then-high school student Grimm, who is transgender (female to male),…
Last month, in San Benito ISD v. Cruz, No. 13-20-00310-CV (March 11, 2021), the Thirteenth Texas Court of Appeals affirmed a trial court judgment in favor of a school district employee who challenged a school district’s attempt to dismiss her lawsuit for lack of jurisdiction. The Court of Appeals found that the employee-plaintiff “presented sufficient…
On March 29, Disability Rights, Texas filed a federal lawsuit, seeking declaratory and prospective injunctive relief against the Austin Independent School District on behalf of five disabled students and hundreds of unnamed students alleging systemic violations of the IDEA and Section 504. With respect to the individual students, the allegations detail evaluation delays of months…
On March 2, 2021, Governor Abbott issued Executive Order GA-34 which lifts the Texas mask mandate. Under the order, individuals are strongly encouraged to wear masks wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; however, the order explicitly states that no person may…
ESC-2 Spring 2021 Personnel Services Symposium Presenting an in-depth, interactive workshop on critical topics of legal concern related to personnel management and special education issues in the COVID-19 era for public school human resources administrators, special education administrators, principals, and superintendents. CLICK HERE TO REGISTER Speakers and Topics Include: Managing Leaves & Absences During a…
The Center for Disease Control and Prevention (CDC) recently released its Operational Strategy for K-12 Schools through Phased Mitigation in which it updated its guidance for operation of K-12 Schools during the pandemic. In doing so, the CDC somewhat simplified and revised decision-making guidance and updated indicators and thresholds for community transmission of COVID-19 guidelines.…
Redistricting 2021 Census Bureau Announces Delay in Release of Redistricting Data This afternoon, the United States Census Bureau announced its updated timeline for release of redistricting data to the States. Due to delays caused by COVID-19, the Census Bureau’s Chief of the Redistricting and Voting Rights Office announced that redistricting information from the 2020 Census…
Redistricting 2020 As the new administration takes office today, one of the many challenges it will face is the release of an accurate decennial census. In April 2020, the United States Census Bureau sought congressional approval of a three-month delay of its obligation to release the 2020 Census results to the states, citing difficulties in…
ESC-2 Spring 2021 Personnel Services Symposium Presenting an in-depth, interactive workshop on critical topics of legal concern related to personnel management and special education issues in the COVID-19 era for public school human resources administrators, special education administrators, principals, and superintendents. Speakers and Topics Include: Managing Leaves & Absences During a Pandemic: ADA, FMLA &…
The Legal Brief: U.S. Equal Employment Opportunity Commission (EEOC) Updated Guidance on COVID-19 Vaccines EEOC Guidance on Requiring COVID-19 Vaccination On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Question and Answer technical assistance to include questions related to vaccination requirements. We offer a summary of some of the more relevant…
In response to updated population data resulting from the 2020 census, Texas cities, school districts, counties, and the Texas Legislature will require redistricting in 2021--that is, drawing new boundaries from which the voters will elect their respective governing bodies. Significant changes to the Voting Rights Act, as well as delays related to COVID-19 mean that…
As you may be aware, the Families First Coronavirus Response Act (“FFCRA”) took effect on April 2, 2020 and is set to expire on December 31, 2020. The FFCRA has two parts: (1) it provides paid FMLA leave for employees who had childcare duties due to their child’s regular childcare provider or school being closed…
What is it? A public information request under Texas Government Code section 552.008 asking that districts “produce the line items in the adopted 2021 budget showing any planned expenses for directly or indirectly attempting to influence legislation”, as required by Texas Local Government Code Section 140.0045. Should our district respond? Yes. Rep. Middleton’s request was…
Previously, we notified clients regarding the Brain Injury Rights Group litigation filed in the Southern District of New York in which the Plaintiffs have attempted to sue every state education agency and every public school district in the U.S. Some districts received attempts to serve them. Other districts, including some in Texas, had due process…
Fall 2020 Personnel Services Symposium Hosted by Region One In-Depth, Interactive Training on Current Personnel Management Issues Join attorneys Sara Leon, John Janssen and Michael Roseberry for a live, virtual webinar on timely employment issues, including issues relating to COVID-19 and the employment implications of the new Title IX regulations. Topics to be covered include:…
