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Murphy, Hesse, Toomey & Lehane, LLP Partner Prevails in U.S. Court of Appeals for the First Circuit

 

Attorney Felicia Vasudevan, a Partner at Murphy, Hesse, Toomey & Lehane, LLP, received her second favorable decision in a month in the case of G.D. v. Swampscott Public Schools et.al., the United States Court of Appeals for the First Circuit. Ms. Vasudevan represented Swampscott Public Schools (the Defendant). The Parents alleged that Swampscott Public Schools failed to provide their child with a free appropriate public school education as required under the Individuals with Disabilities Act. Against the school district’s advice, the parents unilaterally placed their child at Landmark, and sought full reimbursement from the Swampscott Public Schools. Their request was first denied by the BSEA and then by the Massachusetts District Court, before bringing the matter to the First Circuit. Upon review of the background facts set forth in their hearing at the BSEA, along with the claims reported thereafter, the First Circuit affirmed the District Court’s grant of judgement to the defendants.

 

Ms. Vasudevan is an attorney in the firm’s Education Law and Special Education Law Groups, working in regular and special education issues. She represents school districts in all aspects of special education litigation, from administrative hearings at the Massachusetts Bureau of Special Education Appeals (BSEA) through all levels of judicial appeal. She represents school districts in matters of student discipline, civil rights issues, collective bargaining, public procurement, and employment issues. Ms. Vasudevan presents workshops to both client groups and at state conferences such as the Massachusetts Continuing Legal Education (MCLE). These workshops are on a variety of relevant education issues such as conducting investigations, evaluations, special education, Section 504 of the Rehabilitation Act, state and federal student record regulations, bullying, and civil rights laws. Ms. Vasudevan received her Bachelor’s Degree from Stanford University, with a major in Public Policy and her Juris Doctor degree from Harvard Law School. Prior to law school, she taught high school mathematics for two years in San Jose, California, as part of Teach for America, and trained the incoming Teach for America Corps Members at Teach for America’s Summer Institute.

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U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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