Robert Lusk
Supreme Court Holds Damages for Emotional Distress not Available Under Section 504 and ACA
The Supreme Court recently held that damages for mental anguish and emotional distress are not available under Section 504 of the...
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Robert Lusk
- May 11, 2022
- 3 min
Do We Need More 504 Regulations?
On May 6, 2022, the U.S. Department of Education (DOE) solicited comments for potential new regulations implementing Section 504 of the...
Robert Lusk
- Apr 30, 2022
- 3 min
Eleventh Circuit Clamps Down on University’s “Woke” Speech Policies
The University of Central Florida (UCF), like many state universities and public schools, promulgated policies intended to protect...
Robert Lusk
- Apr 26, 2022
- 3 min
Judge to CDC: You Can’t Make Us Wear Masks on Airplanes!
The mask wars continue. Most recently, in Health Freedom Defense Fund, Inc. v. Biden, Case No. 21-cv-1693 (April 18, 2022), Judge...
Robert Lusk
- Apr 1, 2022
- 2 min
Sixth Circuit Confirms No Vicarious Liability for Section 504 and Title II ADA Claims
Few non-lawyers can define the legal doctrines of vicariously liability and respondeat superior. But most are familiar with how they...
Robert Lusk
- Mar 25, 2022
- 2 min
Court of Appeals Breathes Life Into On-Going “Student Poaching” Case
Two neighboring school districts in adjacent counties have been litigating a student poaching case for over a decade. The Court of...
Robert Lusk
- Mar 24, 2022
- 2 min
District Dinged on FOIA Requests and Ordered to Pay Attorney’s Fees
The Court of Appeals recent decision in Metcalf v Grand Ledge Public Schools (February 24, 2022) concluded the school district violated...
Robert Lusk
- Feb 22, 2022
- 2 min
Iowa’s Supreme Court Weighs In on Doctor’s Notes for ABA Therapy
If a school district receives a doctor’s note prescribing ABA therapy, is it required to release a student during the school day? The...
Robert Lusk
- Feb 21, 2022
- 1 min
Compensatory Services for 504-Eligible Students
The school closures resulting from the COVID-19 pandemic have adversely affected the educational progress of many IDEA and Section...
Robert Lusk
- Nov 16, 2021
- 1 min
Sixth Circuit Vacates Decision Upholding Michigan Mask Mandate
This summer a Sixth Circuit panel of three judges upheld an order from the Michigan Department of Health and Human Services (MDHSS)...
Robert Lusk
- Nov 15, 2021
- 3 min
Fifth Circuit Slaps Down OSHA’s COVID-19 ETS
The debate about the pros and cons of vaccination and other precautions against the transmission of the COVID-19 virus is on-going. In...
Robert Lusk
- Oct 29, 2021
- 1 min
SPPO Affirms Flexibility in COVID-Related Disclosures
You learn a student was diagnosed with COVID-19. Can you tell her teachers and classmates? Frank E. Miller Jr., the Deputy Director of...
Robert Lusk
- Oct 27, 2021
- 1 min
District Court Tosses Disabled Students’ Challenge to COVID Vaccine Requirement
Educational institutions across the country are adopting COVID-19 vaccine requirements. The New York law at issue in this case,...
Robert Lusk
- Oct 9, 2021
- 2 min
Sixth Circuit Nixes University’s Appeal from Injunction against Student-Athlete Vaccine Requirement
There is consensus state and local governments may require COVID-19 vaccines. But questions arise when vaccine requirements are not...
Robert Lusk
- Aug 31, 2021
- 2 min
Sixth Circuit Holds IDEA Settlement Bars ADA Claim
The Sixth Circuit’s decision in Perez v Sturgis Public Schools, ___ F3d ___ (2021) is interesting but counterintuitive. Perez, issued on...
Robert Lusk
- Aug 31, 2021
- 2 min
Supreme Court Attempts to Define Students Off-Campus First Amendment Rights
In 1964, in the process of defining “obscenity,” the late Justice Potter Stewart famously declared, “I know it when I see it.” ...
Robert Lusk
- Aug 31, 2021
- 2 min
US Supreme Court Holds Property Rights Trump Union Organizing Rights
he Supreme Court has, in recent years, begun to slow reversal of its customary deference to the legislative and executive branches of...
Robert Lusk
- Aug 31, 2021
- 2 min
COVID-Related Class Action Filed on Behalf of Special Education Students
Last year, a New York law firm attempted to file a nation-wide class action lawsuit on behalf of IDEA-eligible students whose educations...
Robert Lusk
- Aug 30, 2021
- 2 min
Ohio School Board Dinged for Public Participation Policies
Increasingly, school board meetings have become a forum for debating hot political issues. The Sixth Circuit’s decision in Ison v...
Robert Lusk
- Aug 30, 2021
- 1 min
Court of Appeals Forces ORS to Correctly Calculate Administrators Pensions
Consider yourself fortunate if you are not familiar with the Normal Salary Schedule (NSI). The NSI was created by the Michigan Public...
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