Education Civil Procedure Administrative Agency

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“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

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

Court Rules That Delayed Compliance With A FOIA Request Remains A Violation

In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Freedom of Information Act (FOIA) where the public body initially willfully ignored its obligation to respond to a FOIA...more

Key Takeaways From Recent FOIA And OMA Decisions

The Illinois courts and the Attorney General’s Public Access Counselor (“PAC”) issued a flurry of decisions in May and June relating to the Illinois Freedom of Information Act (“FOIA”) and the Illinois Open Meetings Act...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

Illinois Supreme Court to Tackle Public Employees' Right to Strike

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff,...more

Statute of Limitations Doesn’t Apply in UConn Law Library Lawsuit, State Supreme Court Rules

The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the...more

District Court Rules District Must Fund Student’s Stay-Put Placement through Appeal to Circuit Court, Though District’s IEP...

When a dispute arises between parents and a district concerning the special education identification, evaluation, placement, or free appropriate public education (FAPE) of a student, the IDEA provides that the student will...more

Government

UPDATED THROUGH SEPTEMBER 4, 2012 Legislation – State University System. Do the statutes and provisions of the General Appropriations Act that restrict state universities’ expenditure or tuition and fees and condition...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

Court Rules in UNC Football Public Records Dispute

North Carolina Superior Court Judge Howard Manning recently ruled on the scope of protection for documents related to the highly-publicized investigation of irregularities in the University of North Carolina football program....more

Court Strikes Most of ‘Gainful Employment’ Rule, But For-Profit Colleges Must Still Beware

For-profit education institutions may have breathed a sigh of relief on June 30, 2012, when a federal judge struck down most of the Department of Education’s Gainful Employment rule. The decision came none too soon, as the...more

Access Denied: Public Agencies and the Release of Public Records

When a public records request is received, it is often difficult to know what you must supply and, if you feel you should deny the request, what steps you should take to ensure you are in compliance with the law. Defending...more

Pridgen v. University of Calgary, 2012 ABCA 139

Two students found guilty of non-academic misconduct by university on account of Facebook postings derogatory towards instructor. On judicial review, university decision quashed by Alberta Court of Queen's Bench under...more

Minnesota Supreme Court Upholds University’s Right to Discipline Student Over Cadaver-Related Facebook Posts

In the continuing saga involving the intersection of social media, university policy, and student speech rights, a public university’s right to discipline students for social media activity has been further defined and...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

Seventh Circuit Restores FERPA Privacy Protections for FOIA Requests by Vacating Controversial Tribune v. University of Illinois...

On May 24, 2012, the United States Court of Appeals for the Seventh Circuit supported Illinois educational institutions’ long-held position that the federal Family Educational Rights and Privacy Act (FERPA) prohibits...more

Georgia School District Not Held Liable for Student's Suicide

This week the US District Court for the Northern District of Georgia ruled in favor of the Murray County School District on their motion for summary judgment in the case of Long v. Murray County School District. The case has...more

Payment Matters: CMS's Non-Hospital Training Rules Again Upheld

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...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

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

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