“It always was a part of the thinking behind what kind of lawyer I wanted to be and what kind of cases the law firm and I should handle… how to do the greatest social good for the greatest number,” Kennedy says. “That’s where special education, Fair Housing, and employment law came from for me.”

Kennedy Hunt P.C. is a law firm focused on employment, education, and civil rights law. Above all, our skilled attorneys and team are dedicated to doing the most good, for the most people.  If you or someone you know has been a victim of discrimination, we may be able to help you. Fill out a questionnaire so we can understand your claim.

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Implicit bias has harmful effects on our thoughts, behaviors, and actions. Since thoughts lead to actions, implicit bias can certainly lead to discriminatory behaviors and actions. 

With that said, mitigating implicit bias in early childhood is crucial. Educators play an essential role in reducing young children’s exposure and reinforcement of implicit bias. 

The American Bar Association also has an implicit bias initiative filled with research and resources for attorneys to explore implicit bias and learn ways to limit their biases.  

Kennedy Hunt P.C. sees the clear value in reducing our implicit bias. Implicit bias has a clear negative effect on our society, can lead to discrimination, and even impact our civil rights. If you or someone you know has been a victim of housing discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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Although it is unclear when students will return to school, the U.S. Department of Education clarified that most students with special needs should still receive special education and related services even while they are at home.

On March 12, 2020, the U.S. Department of Education issued a fact sheet providing guidance on the federal special education law, the Individuals with Disabilities Education Act, or IDEA in light of the COVID-19 pandemic. The following are some of the major takeaways:

• If a school district continues to provide educational opportunities to the general student population during a school closure, such as providing online courses, the school must also ensure that students with disabilities also have equal access to the same opportunities, including the provision of free appropriate public education (FAPE).
• Schools also must ensure that, to the greatest extent possible, each student with a disability can be provided the special education and related services identified in the student’s individualized education program (IEP) developed under the IDEA, or a plan developed under Section 504.
• If a child does not receive services during a closure, a child’s IEP team (or appropriate personnel under Section 504) must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost.
• If a child is infected with COVID-19, a school must provide special education and related services to the child while schools remain open.

Based on these guidelines, most children with special needs are still entitled to receive special education and related services – even during the COVID-19 outbreak.

Our firm expects many students who receive special education services will require compensatory services to remediate for the absence of services during school closings caused by COVID-19.  Parents who believe their child is not receiving appropriate services or believes their child needs additional, compensatory services after schools reopen should contact our firm.

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The Department of Education announced this decision on September 22, 2017. They have yet to put a permanent replacement for the rescinded guidelines in place. But, in the meantime, the DOE has created an interim guideline.

One of the most notable changes of the interim guidance is that educational facilities will place a greater focus on proof and evidence in cases of sexual violence. Past guidance provided a preponderance of evidence model. This new one outlines a “clear and convincing standard” of proof for these cases.

Currently, college campuses have the ability to determine where and when they will implement these interim guidelines.

The Department of Education created a question and answer informational document about what the interim regulations mean.

Title IX became effective in 1972. The landmark education amendment states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

On September 1, 2017, The Department of Education wrote that, “Under Title IX of the Education Amendments of 1972 and its implementing regulations, an institution that receives federal funds must ensure that no student suffers a deprivation of her or his access to educational opportunities on the basis of sex. The Department of Education intends to engage in rulemaking on the topic of schools’ Title IX responsibilities concerning complaints of sexual misconduct, including peer-on-peer sexual harassment and sexual violence.”

Our attorneys are experts in Title IX and education law. If you believe you or someone you know has had their Title IX rights violated, contact our experienced attorneys.

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