Administrative Agency Education

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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

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

ED Approves Draft Rules for VAWA Amendments to Clery Act

The U.S. Department of Education (ED) is currently in the midst of devising new regulations for colleges to broaden their reporting of campus crimes, as part of last year's reauthorization of the Violence Against Women Act...more

North Carolina Legislative Report

The General Assembly’s short session will begin on Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed bi-weekly to keep you up to date on the latest legislative issues...more

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

FOIA Requests: Boards of Education May Now Impose an Hourly Search Fee

A recent decision by the West Viginia Supreme Court of Appeals has now paved the way for public bodies, including boards of education, to impose a reasonable hourly search fee for Freedom of Information Act (FOIA) requests....more

Cities Asking Congress to Support Dwindling Public, Educational and Government (PEG) Channels

Public, educational and government (PEG) channels across the U.S. have been closing and consolidating over the last few years. This is the result of: (1) the economic downturn’s impact on municipal funding, (2) an...more

OOPS and the FOIA, Part 2: Dacey v. Easton Board of Education and the Need For a Subcommittee to Comply With The FOIA

There are times where a public agency may get so caught up with solving an existing problem that it will lose sight of the need to comply fully with the Freedom of Information Act [“FOIA”] and thus create what could...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

Court Upholds School District’s Transfer Of Money From Working Cash Fund

The Illinois Appellate Court recently upheld a lower court’s decision to strike down challenges to a school district’s use of its working cash fund. This case builds upon a recent amendment to the Working Cash Fund Article of...more

Does your County’s Personnel Agenda Comply with the Open Governmental Proceedings Act?

As we begin to hold personnel hearings for “Personnel Season” a question that seems to come up often concerns the listing of individual employee names on county board of education agendas. Many administrators are,...more

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