The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization this past June overturning the 1973 ruling Roe v. Wade, which established a constitutional right to abortion, these recent actions by the Department of Education’s Office for Civil Rights (OCR) provide reminders to educational institutions that Title IX continues to guarantee certain protections under federal law for students and employees based on pregnancy and related conditions, including the termination of pregnancy.
Continue Reading Title IX Protections for Pregnancy after Overturning of Roe v. Wade

Amy Dickerson
Education attorney focused on K-12 schools and colleges and universities. Mom of two sets of twins.
OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior
On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students with disabilities specific to student discipline. The resources are aimed at minimizing exclusionary discipline and supporting the pandemic-related mental health needs of students, particularly those with disabilities. With respect to schools providing training on the how to address disability-based behavior and implement the guidance, U.S. Secretary of Education Miguel Cardona said, “we expect that districts utilize the federal American Rescue Plan dollars to build capacity, provide professional learning opportunities for educators and school leaders, and hire additional staff.” The guidance documents reiterate requirements under federal law for disciplining students with disabilities and offers best practices and considerations for ensuring school disciplinary policies and practices are implemented in a non-discriminatory manner. Each guidance document is summarized below.
Continue Reading OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior
Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities
In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure to address repeated acts of peer sexual harassment against the student. In the lawsuit, the plaintiff alleged that the school district violated the student’s due process and equal protection rights, violated Title IX, violated the Washington Law against Discrimination, and was negligent. The jury returned a verdict in favor of the plaintiff on her due process, equal protection, and negligence claims, and the court denied the district’s motion to set the verdict aside.
The case, Berg v. Bethel School District, is instructive on a range of issues relating to sexual misconduct involving students with disabilities, including a school district’s duty to protect a student with disabilities from sexual harassment even when the student does not explicitly object to the misconduct. Continue Reading Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities
ISBE Files Emergency Rules on Isolated Time Out
The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the use of isolated time out as a behavioral intervention. While this is a change in practice that will…
Bullying and Special Education in the New Decade: What You Need to Know
We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways.
When it comes to bullying and special education, districts face potential liability on a number of fronts, including lawsuits,…
This One Mistake Can Turn Pre-IEP-Meeting Planning into Prohibited Predetermination
Where do you draw the line between pre-IEP-meeting preparation, which the law allows, and “predetermination” prior to the meeting, which can get schools into hot water? This was one topic discussed during our recent Franczek webinar, IEP Season is Coming . . . Are You Ready?, which included a “top 10” list of issues to keep in mind heading into the IEP season. We encourage you to watch the 30-minute webinar, which is available on demand on our website, but want to dig in on one issue raised in it: A major mistake that can turn permissive pre-IEP-meeting planning into prohibited predetermination. What is it? How do you avoid the risk? Read on!
Continue Reading This One Mistake Can Turn Pre-IEP-Meeting Planning into Prohibited Predetermination