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U.S. Department of Education Issues More Guidance on ESSA

The U.S. Department of Education (“ED”) recently issued a second Dear Colleague Letter interpreting the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”) and...more

New Legislation Leaves Illinois Schools “Locked Out” of Student Social Media Accounts

Recent amendments to Illinois law draw back on rights of post-secondary, secondary, and elementary schools to request or require access to student social networking accounts such as Facebook and Twitter. School districts and...more

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more

New Vaccine Requirement for Illinois Students Creates Confusion

Students, parents, and school districts should be mindful of new immunization requirements that go into effect for the 2015-16 school year. The changes include a requirement imposed by Public Act 98-0480 and related...more

School Districts Seeing Stars Over New Concussion Legislation

Last week, Governor Rauner signed into law the Youth Sports Concussion Safety Act (Public Act 99-0245) which includes a number of new requirements relating to student concussions for school districts, charter schools, and...more

Supreme Court Ruling Avoids Major Complications for Mandatory Reporters

Last week, the United States Supreme Court overturned a controversial decision by the Ohio Supreme Court holding that statements given by a preschool student to his teacher were tantamount to statements to police, and so...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

U.S. Department of Education Issues New Guidelines On Collecting Student Data

This past July, the U.S. Department of Education released the Transparency Best Practices for Schools and Districts, a new set of guidelines created to improve relations between school districts and parents surrounding school...more

DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the...more

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

OCR Decision Reminds School Districts To Conduct Prompt, Thorough Investigation Of Student Sexual Harassment And Violence Claims

Mlive.com and the NSBA Legal Clips recently reported that a Michigan School entered into an agreement with the Department of Education Office for Civil Rights (“OCR”) to resolve allegations that the district failed to...more

ISBE Regulations And Guidance On Certified School Nurses: Frequently Asked Questions & Answers

In July 2012, ISBE amended its regulations addressing the qualifications required for an individual to conduct medical reviews and make recommendations based on the findings of medical reviews. Medical reviews are conducted...more

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