Administrative Agency Education Civil Remedies

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

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

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

“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

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

In two recent decisions, the Illinois Appellate Court clarified the fees that a public body can charge for copying records pursuant to a Freedom of Information Act (FOIA) request and the circumstances justifying the...more

Public Entity Litigants Are Entitled to Attorney Fee Award Under Private Attorney General Doctrine Even Where Non Financial...

In City of Maywood v. Los Angeles Unified School District, 2012 DJDAR 9925 (2012), the California Court of Appeal for the Second Appellate District decided a novel attorney fee case. The case arose out of a petition for a...more

Appellate Court Authorizes Use of Mandamus as Method to Challenge School Improvement Plan

In Clarke v. Community Unit School District 303, plaintiffs filed suit against a school district alleging that the District violated the law by improperly adopting a School Improvement Plan (SIP) that did not comply with the...more

Ninth Circuit Affirms Trial Court Decision In Waldorf Methods Case

In a case litigated by KMTG attorneys, the Ninth Circuit Court of Appeals today issued an unpublished decision which upheld a judgment of the Eastern District Court in favor of Sacramento City Unified School District in the...more

Circuit Court Upholds Department Regulations Excluding Cochlear Implant Mapping from Definition of Related Services

The IDEA and its implementing regulations require districts to provide students with disabilities assistive technology devices and services as well as related services to enable them to benefit from special education and...more

Appellate Court Overturns Detachment Petition

Last week the Second District Illinois Appellate Court overturned a decision by the Regional Board of School Trustees of DuPage County to grant a detachment petition. The Appellate Court’s decision in Board of Education of...more

Commercial General Liability Insurance Covers FLSA Claims: Republic Franklin Insurance Company v. Albemarle County School Board

Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses?  The Fourth Circuit Court of...more

Federal Appellate Court Reversed Class Action Certification and Settlement in Case Involving Alleged Violations of Individuals...

In Jamie S. v. Milwaukee Public Schools, the Seventh Circuit Court of Appeals reviewed whether a federal district court should have certified a class of thousands of students who were allegedly not identified by the...more

Caution on Exhaustion:The Courts' Misinterpretation of the IDEA's Exhaustion Requirement for Claims Brought by Students Covered by...

The Individuals with Disabilities Education Act (“IDEA”) expressly allows students with disabilities eligible under the IDEA to bring civil actions against their school districts not only for violations of the...more

School District May Have Special Relationship with Their Students Requiring Protection of Students' Personal Security

In Doe v. Covington County School District, the Fifth Circuit Court of Appeals considered the circumstances in which a school district is required to protect students’ personal security based on a special relationship with...more

Investigating Sexual Assault Claims - Even Private Colleges Are Vulnerable

A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private...more

In Two Cases, Illinois Appellate Court Reaffirms Rule of Deference to Decisions of Academic Institutions

In two recent decisions, the Illinois Appellate Court confirmed that Illinois courts are precluded, except in rare circumstances, from second-guessing the decisions of educational institutions regarding students. In both...more

Wrongful Graduation: What Are The Factors?

The Issue Parents and school districts sometimes argue over whether the district’s graduation of a special education student was appropriate – or was premature. One of the circumstances in which this can occur is when the...more

History of Freedom of Speech

Do you know why the rights of speech are what they are? Only if you see the way they were intended, can you realize they are being taken away....more

Is the Sovereign Immunity of Athletic Trainers at State-Funded Colleges and Universities Coming Under Fire?

Illinois Court finds athletic trainers subject to duty of care independent of State employment - Sellers v. Rudert A recent case decided in Illinois has determined that athletic trainers in Illinois may be held personally...more

Lawyer Codes & Common Law

Charles E. Rounds, Jr., Lawyer Codes Are Just About Licensure, the Lawyer's Relationship with the State: Recalling the Common Law Agency, Contract, Tort, Trust, and Property Principles that Regulate the Lawyer-Client...more

Special Education News - November 2010

IN THIS ISSUE Service Animals In School - A New Federal Rule...page 1 Wrongful Graduation: What Are The Factors?...page 2 For the Business Manager Post-Issuance Compliance: How To Live With A Bond Issue...page...more

College Alert: The Dangers That Await Your College Bound Kids

Imagine your daughter, a college student, being subjected to possible disciplinary action because she didn’t cover her paper during an exam and was charged with “allowing herself to be used as a source for cheating.” Imagine...more

22 Results
|
View per page
Page: of 1

Follow Administrative Agency Updates on: