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Title IX: Training Requirements Come Into Focus
Category: Education
The U.S. Department of Education released new regulations this spring under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The regulations took effect on August 14, 2020…
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Distinguishing Between Bullying and Protected First Amendment Speech: Arkansas Specific Laws
Category: Education
Earlier this week, the Mitchell Williams education law blog reported on a school that recently was found to have run afoul of the First Amendment when they suspended a student for bullying. First Amendment issues in the school context are frequently litigated around the country, and staying on top…
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Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder Over Anonymous Sticky Notes
Category: Appellate Law, Education, Litigation
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore anonymously posted a sticky note on a bathroom mirror referencing her school’s…
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Arkansas School's Restriction on Student Speech Found "Unreasonable" by Eighth Circuit
Category: Appellate Law, Education, Eighth Circuit Appellate , Litigation
An Arkansas school had an unwritten policy of restricting tabling to registered student organizations and school departments. At least generally, there was no problem with this policy. However, as applied to one particular group, the Eighth Circuit recently held that the policy’s distinction…
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