The 7th Circuit Court of Appeals confirmed that school districts may only be liable for employee sexual misconduct when a school official has actual notice of the conduct. In C.S. v. Madison Metropolitan School District, the Court held that
Franczek P.C.
Franczek P.C. is a law firm specializing in education, labor, and employment law, serving public and private sector clients. The firm focuses on providing legal services related to K-12 and higher education institutions, addressing compliance with federal and state regulations such as Title IX, the Individuals with Disabilities Education Act (IDEA), and labor laws. Franczek P.C. publishes content including legal updates, regulatory changes, and practical guidance for school administrators and employers. Their publications often cover topics like special education law, employment exemptions under the Fair Labor Standards Act, and public transparency laws, aiming to support clients in navigating complex legal frameworks in education and employment contexts.
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Can a School District Be Liable for Student-on-Student Sexual Harassment Even When a Student Does Not Explicitly Object? Federal District Court Says Yes
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…
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…
Title IX Refresher Series Part IV: Title IX Informal Resolution Facilitator
In February, we launched a multi-part series in which we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed regulations, remember…
VAWA Reauthorized: What Does This Mean for Your School or College?
In March, President Biden signed into law the Violence against Women Act Reauthorization Act of 2022 (VAWA), which Congress passed as part of the FY22 Omnibus appropriations bill. First passed in 1994 and reauthorized in 2000, 2005, 2013, and…
Title IX Refresher Series Part III: Title IX Decision-Maker
We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed regulations soon, remember…
Title IX Refresher Series Part II: The Title IX Investigator
We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to publicly release their proposed regulations, remember…
ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date
Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in accordance with ISBE goals and benchmarks. Last…
OCR Provides Update on Rulemaking Process for Title IX
OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how schools provide education:…