Public Education: Student Affairs

We regularly advise clients dealing with difficult student disciplinary matters, from initial fact-finding through internal investigations and decisions to suspend or expel a student. We review and revise student discipline policies and procedures; prepare student discipline notices; advise on appropriate discipline and adherence to state law and district policies and guide districts through the student hearing process.

We have extensive experience advising educational institutions about sexual misconduct policies, changes in the law, and investigations into allegations of sexual misconduct, including sexual misconduct. We help institutions respond to complaints filed with the Department of Education, Office of Civil Rights alleging harassment and discrimination (e.g., Title IX). We regularly provide advice and counsel to help clients integrate the requirements of all federal, state, and local regulations, including Title IX, in responding to and preventing sexual harassment, sexual assault and gender discrimination. We also regularly train and prepare policies and procedures for compliance with Title IX and the Department of Education’s relevant Dear Colleague letters.

We advise on the full range of First Amendment and free speech issues that arise with respect to students. This includes providing advice and counsel on such issues as student leafleting, protected speech, school newspapers and speech related to a class. We are very active in free speech litigation and in helping develop defensible speech policies.

With regard to Special Education, we provide advice and counsel, representation at due process hearings, assistance with CDE compliance complaints, and representation in OCR investigations related to allegations of disability discrimination. We are also fully versed in and advise regularly on Section 504 as it pertains to the rights of disabled students. We assist clients in understanding and properly utilizing the continuum of programs and services available to assist students who are struggling in the classroom—from general education and RTI to Section 504 plans to IEPs.

We advise on all aspects of ADA, including Title I and Title II, and Section 504 of the Rehabilitation Act of 1973. We advise on the obligation to provide access to services, programs, and facilities. We prepare internal and external grievance procedures, advice and counsel on the role of the ADA coordinator, and assist with ADA complaints. We have specialized experience in advising on obligations relating to service animals and emotional support animals under these laws. We also advise on accessibility to technology and have experience advising on Web Content Accessibility Guidelines.