Robert Lusk
US Supreme Court Clarifies IDEA Exhaustion Requirement
The Individuals with Disabilities Education Act (IDEA) requires parents challenging IEPs and IEP-related decisions to exhaust...
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Robert Lusk
Mar 10, 20232 min read
The Dismissal of the Oxford School District Defendants
This week news media reported that Oakland County Circuit Court Judge Mary Ellen Brennan dismissed all claims filed against the Oxford...
Robert Lusk
Feb 8, 20232 min read
OCR Issues Fact Sheet on DEI Activities
The United States Department of Education’s Office for Civil Rights (OCR) recently issued a carefully worded fact sheet noting that...
Robert Lusk
Jan 29, 20233 min read
Michigan’s Court of Appeals Upholds Legislature’s Right to “Adopt and Amend” Initiative Proposals
The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, reversing Roe v. Wade, generated a tidal wave...
Robert Lusk
Dec 17, 20222 min read
The COVID-19 Cases Keep Coming
The COVID-19 pandemic served up a national Rorschach test. Many Americans saw COVID related mandates as necessary to preserving public...
Robert Lusk
Nov 18, 20223 min read
Florida Federal Court Enjoins State's Stop WOKE Act
Wikipedia calls “eugenics” a “fringe set of beliefs and practices that aim to improve the genetic quality of a human population. ...
Robert Lusk
Oct 5, 20222 min read
Does the Right of Teacher Placement Cover Non-Curricular Assignments?
Michigan’s Court of Appeals issued an unpublished per curiam decision holding that a school district employer’s absolute right to...
Robert Lusk
Oct 5, 20222 min read
Mackinac Center Promises Appeal in Private School Finance Case
This blog has covered several court decisions, including U.S. Supreme Court decisions, striking down state laws that discriminate against...
Robert Lusk
Sep 7, 20225 min read
Civil Rights v. Religious Liberty
The extension of civil rights to include gender-related issues inevitably generates conflict between those who identify as or support the...
Robert Lusk
Aug 18, 20221 min read
Robert A. Lusk Honored by The Best Lawyers in America
Educators Legal Services, PLLC, is pleased to announce that its owner, Robert A. Lusk, was recognized in the 29th edition of The Best...
Robert Lusk
Aug 16, 20222 min read
OCR Improves Mediation Process
A full-blown OCR investigation can be a long, expensive, and tedious process. In the meantime, the dispute lingers and the relationship...
Robert Lusk
Jun 30, 20222 min read
Praying-Coach Case Reduces the Wall between Church and State to a Speed Bump
A few days ago, the Supreme Court handed down its decision in Carson v Makin, 596 US ___ (2022), holding a State program that funded...
Robert Lusk
Jun 22, 20222 min read
Supreme Court Strikes Down Another State Program that Discriminates against Sectarian Schools
On June 21, 2022, for the fourth time in eight years, the Supreme Court ruled that a state program that discriminated against sectarian...
Robert Lusk
Jun 15, 20223 min read
Fourth Circuit Resolves Contentious Dress Code Case
May a publicly funded charter school impose a dress code that requires girls to wear skirts? The Fourth Circuit, en banc, answered this...
Robert Lusk
Jun 7, 20222 min read
University’s Desire to Hire More Female Professors Frustrated by Title IX
Title IX was enacted in 1972 to counter then-prevalent discrimination against women by prohibiting discrimination “on the basis of sex.” ...
Robert Lusk
Jun 2, 20223 min read
Opinion on Sixth Circuit’s Recent Expansion of Title IX Liability
Note - I don't usually express my personal opinion on the legal developments reported here, at least not explicitly. But I believe this...
Robert Lusk
May 26, 20222 min read
Has the Fifth Circuit Singed the Wings of the Administrative State?
In civics class, we learn about three branches of government: legislative, executive, and judicial. We don’t learn much, if anything,...
Robert Lusk
May 16, 20222 min read
Supreme Court’s Unanimous Decision in “Christian Flag” Case Camouflages Deep Legal Disagreements
In Shurtleff v City of Boston, ___ US ___ (May 2, 2022), the United States Supreme Court issued a unanimous decision prohibiting the City...
Robert Lusk
May 12, 20222 min read
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...
Robert Lusk
May 11, 20223 min read
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...
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