A Capehart Scatchard Blog

Tag: Student Discipline

First Amendment: U.S. Supreme Court Narrows the Right of Schools to Discipline Off Campus Speech

By on July 6, 2021 in Students with 0 Comments

By: Gitika Kapoor, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. The Supreme Court of United States ruled on June 23, 2021 that a Pennsylvania public school district violated a student’s First Amendment rights by punishing her for posting a vulgar message on social media while off-campus and off school hours. In reaching this decision in Mahanoy Area School District v. Levy, the Court considered that the speech was made off campus and did not involve school infrastructure. Moreover, it did not cause substantial disruption because while it upset a few students and was a topic of discussion for a few days, […]

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NJDOE Issues Guidance Regarding Transgender Students

By on October 1, 2018 in Students with 0 Comments

You may recall that in May 2016, the U.S. Departments of Education and Justice issued a Dear Colleague Letter addressing the rights of transgender students and then rescinded it less than a year later in February 2017. The New Jersey Department of Education (“NJDOE”) took matters into its own hands and issued a guidance document to school districts regarding transgender students on September 27, 2018. The purpose of the guidance document is to assist in creating an inclusive environment for transgender and gender nonconforming students and to ensure that these students receive equal educational opportunities. The NJDOE advises that a school district […]

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Upcoming Seminar: “Do’s and Don’ts of Special Education Law”

By on September 19, 2017 in Seminars, Special Education/504 with 0 Comments

On Wednesday, October 18, 2017, Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Newark.  Their presentation is entitled, “Do’s and Don’ts of Special Education Law.” For more information, please click here.

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Upcoming Seminar: “Nuts and Bolts of Section 504 and Student Discipline”

On Wednesday, May 25, 2016 at 2:00 p.m., Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Atlantic City.  Their presentation is entitled, “Nuts and Bolts of Section 504 and Student Discipline.” For more information, please click here.

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U.S. DOE and DOJ Issue Guidance Documents Addressing Rights of Transgender Students

By on May 16, 2016 in Students with 0 Comments

On May 13, 2016, the U.S. Departments of Education and Justice (“Departments”) issued a joint Dear Colleague Letter (“Letter”) specifically advising that Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits sex discrimination in educational institutions and programs receiving Federal financial assistance, prohibits discrimination based on a student’s transgender status and/or gender identity. Dear Colleague Letter: Transgender Students (May 13, 2016). The Letter provides insight as to how the Departments analyze and evaluate whether school districts comply with Title IX with respect to transgender students. The Letter also references a guidance document prepared by the U.S. Department […]

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