Blog Archives

Blog Title: Education

Federal Judge Upholds New York City Policy Barring Unvaccinated Students from Attending School During Periods of Disease Outbreak

On June 04, 2014, Judge William F. Kuntz II of the Eastern District of New York upheld a controversial New York City policy that prohibits unvaccinated children from attending school when a classmate becomes infected with a vaccine-preventable disease, such as the chicken pox or measles. New York State requires all children be vaccinated prior […]

Second Circuit Rules New York City’s Prohibition of Religious Services in School Facilities Constitutional

Recently, in Bronx Household of Faith v. Board of Education of the City of New York[1], the Court of Appeals for the Second Circuit (the “Second Circuit”), in a 2-1 decision, reversed the lower court’s decision and ruled that the New York City Board of Education’s policy, which prohibits community groups from organizing and holding […]

Bullying: Slowly But Surely, the Law Recognizes an Age-Old Problem

How far is too far when it comes to protecting your child from an alleged school bully?  A mother in Santa Rosa, California may very well have pushed the limits of good parenting in attempts to protect her daughter earlier this month.  30-year-old Delia Garcia-Bratcher is due to be charged with one felony charge of […]

Recent Cyberbullying Tragedy Raises The Question: Who Should Be Held Accountable?

Nineteen year old, Alyssa Funke committed suicide on April 16, 2014 after being berated by cyber bullies over her choice to partake in a pornographic film. This is the latest tragedy to raise legal questions about how to combat cyberbullying. Although investigations continue in Washington County, Minnesota, police say the brutal harassment Alyssa Funke endured […]

Recent Federal Guidance on Title IX and Sexual Violence

Over the last several weeks, colleges and universities have been inundated with new Title IX and sexual violence guidance and enforcement decisions to digest.  First, the U.S. Department of Education’s Office for Civil Rights (“OCR”) found Tufts University to be in violation of Title IX despite the fact that the parties previously had entered into […]

UPDATE: Tufts Reverses Position and Re-executes Title IX Resolution Agreement with OCR

We recently reported that on April 26, 2014, in response to the U.S. Department of Education’s Office of Civil Rights (“OCR”) finding that Tufts University remained in violation of Title IX, Tufts informed OCR that it was revoking a previously executed resolution agreement.[1]  According to Tufts, at the time the resolution agreement with OCR was […]

U.S. Department of Education Releases List of 55 Higher Education Institutions Under Title IX Investigation

On May 01, 2014, for the first time, the U.S. Department of Education released a list of 55 colleges and universities currently under investigation for allegedly mishandling complaints of sexual assault and sexual harassment in violation of Title IX. Title IX is a federal law that prohibits discrimination on the basis of sex in any […]

U.S. Department of Education Finds Tufts University To Be In Violation of Title IX

On Monday, the U.S. Department of Education found Tufts University to be in violation of Title IX due to its mishandling of sexual assault and sexual harassment complaints. The Department’s recent finding stems from a formal Title IX complaint that was filed by a Tufts student in 2010 alleging that the school did not promptly […]

U.S. Supreme Court Upholds Michigan’s Affirmative Action Ban

Today, the U.S. Supreme Court upheld Michigan’s ban on affirmative action programs in higher education. In a 6-2 ruling, the Supreme Court reversed the lower court and held that Michigan’s ban on using race as a factor in college admissions is constitutional. In the context of higher education, affirmative action refers to admission policies that […]

If A Student Is A Bully, The Parents May Be On The Hook

In a case that may change the legal landscape of bullying litigations for schools, a New Jersey judge ruled that two school districts may implead the alleged bullies and their parents.  Judge Yolanda Ciccone denied a motion to dismiss third party-complaints against 13 students in a suit brought against the Hunterdon Central and Flemington-Raritan school […]