Administrative Agency Education

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How Will The State Department of Education’s New Charter School Oversight Policies Be Implemented?

On August 11, 2014, the State Department of Education [“SDE”] announced via a press release that it would immediately implement a series of policy changes designed to “ensure that all charter schools, operate according to...more

PAC Limits Public Bodies’ Authority in Regulating Public Comment Period

On September 4, 2014, the Illinois Attorney General’s Office released a binding opinion through its Public Access Counselor (PAC) that public bodies cannot require speakers to provide personal information such as a home...more

Five steps to improve your Annual Security Report notice and distribution

In recent posts, we’ve been focusing on revisions made to the Clery Act by the Violence Against Women Reauthorization Act of 2013 (VAWA), and discussing the impact of such revisions on this year’s reporting process. As we...more

For-Profit Education Flunking Regulations Overload 101

The last few years have been tough on the for-profit education industry – it’s not easy being the target of a host of federal and state investigations. For-profit educators have been poked and prodded by, among others, the...more

Food and Beverage News and Trends - Food and Beverage Alert (US): September 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Poll indicates strong support by parents for school lunch standards. On...more

When A Judge Declares A Statute Unconstitutional, What’s An Agency To Do?

In the recent California gubernatorial debate, Governor Jerry Brown defended his decision to appeal Judge Rolf M. True’s ruling in Vergara v. California, Cal. Super. Ct. Case No. BC484642 (June 10, 2014). The case has...more

Managing the announcement of a Department of Education Program Review

Following the initial release of the well-known and controversial 2010 GAO report concerning alleged abuses in the for-profit sector, Secretary of Education Arne Duncan issued a public letter to Senators Tom Harkin and Mike...more

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

New Process for Conflict Resolution in WV Schools

Beginning in August, school districts will need to prepare for a new process to address conflicts and complaints from citizens. On August 11, the new/amended process, known as the “Conflict Resolution Process for...more

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an...

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and...more

How Many Committees Are Public Schools Required to Have?

The Connecticut General Assembly has a fondness for mandating the establishment of committees in public education. In recent years, school districts have been directed to create committees to address bullying, school security...more

Work Session, Discussion, or Board “Meeting”?

Beginning on July 1, 2014, several West Virginia boards of education will welcome new board members. In fact, as required by state law, the organizational meeting for county boards throughout the state will take place on July...more

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

NLRB Asserts Jurisdiction Over a Charter School in New York

For the first time in New York State, a Regional Director for the National Labor Relations Board (“NLRB”) has asserted NLRB jurisdiction over a New York charter school, and ordered an election for a unit of approximately 35...more

From Second and State: Capitol Wrap – Week of June 9

While budget negotiations continue to take center stage this month, some state legislators elsewhere throughout the Capitol are making moves to change the size of state government and the rules by which elected officials and...more

Federal Regulatory Agenda Update - June 2014

Federal regulatory activity is at an all-time high, with more than 3,700 regulations in just the past year. This has caused the Code of Federal Regulations to grow to 238 volumes with nearly 175,000 pages – 4,000 of which...more

Supreme Court Upholds Town’s Practice of Opening Board Meetings with Prayer

Last month, the U.S. Supreme Court ruled that a New York town’s practice of opening town board meetings with prayer did not violate the First Amendment. The decision provides guidance to school boards and other public bodies...more

Illinois Supreme Court to Decide If Academic Can Halt Investigation by Suing in Circuit Court

In the closing days of its May term, the Illinois Supreme Court agreed to decide whether an academic at the University of Illinois could obtain injunctive relief from the Circuit Court to halt an ongoing University...more

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against...more

What's Happening with Rules

The Administrative Procedures Oversight Committee met since adjournment last summer and has recommended the following be introduced as bills for the 2014 short session. I will add links to the bills as they are filed...more

Warning-Your E-mail Just Became a Meeting: Mauer v. Member, Board of Education, Regional School District No. 1 and The Dangers of...

Often times, I will warn school board members against the use of e-mail to conduct board business. My primary concern is that such e-mails could be deemed to constitute an illegal un-noticed/non-public meeting, in violation...more

How to Respond to a CFPB Civil Investigative Demand

Under CFPB’s broad mandate, many companies outside the financial services industry may be subject to expensive civil investigations. A for-profit technical school may not appear to be a financial services company. But...more

The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board. In Toensing v. Chairman, All Boards Chairs Committee, Regional...more

Attorney General Finds School Board Closed Session Discussion Of Demolition Of School Building Violated Open Meetings Act

Last month, the Public Access Counselor (PAC) of the Illinois Attorney General’s Office issued an opinion finding that the Board of Education of Springfield School District 186 improperly discussed the planned demolition of a...more

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