Education Family Law

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Another rejection of the intent-defeating, sole-benefit-of-the-beneficiaries principle, the policy centerpiece of the Uniform...

In §6.1.2 of Loring and Rounds: A Trustee’s Handbook (2016), the authors report on the ongoing academic debate between Prof. John H. Langbein and Prof. Jeffrey A. Cooper over the merits of the sole-benefit-of...more

SC Public Policy Update - May 2016 #4

What's New - SENATE - The Senate had a busy week working through the Senate calendar and addressing bills returned from the House. The Senate concurred with the House amendments on S. 1035, the “South Carolina...more

Child Protection Policies: Training for Children?

One question that always comes up when I advise organizations about youth protection policies is what sort of training to provide to children. Whether to include that training is simply a matter of your professional judgment...more

A New Challenge to Anti-Nepotism Rules Based on Marital Status Discrimination

In a newly filed lawsuit that has garnered some publicity, a Shelton high school teacher is suing the Shelton Public Schools over the imposition of an anti-nepotism rule which she claims constitutes marital status...more

New Notice to Parents Regarding Special Education Rights

In 2012, the legislature passed Public Act 12-173 which revised Conn. Gen. Stat. § 10-76d to provide that, upon request by a parent/guardian, school districts must provide an opportunity for a parent to meet with a member of...more

Top 4 Questions About Divorce and Special Education

Divorce is more common than ever. According to the Center for Disease Control, another trend on the rise is the prevalence of Attention Deficit Disorder (“ADD”) and Attention Deficit Hyperactive Disorder (“ADHD”) diagnosed in...more

Family Educational Rights and Privacy Act (FERPA)

Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more

Supreme Court Affirms Ruling That School District Has Duty To Transport Student To And From Father’s And Mother’s Separate...

Watts v. Manheim Central School District, 112 MAP 2014 (Pa. 2015). The Pennsylvania Supreme Court affirmed an earlier ruling of the Commonwealth Court that, when a school district provides transportation, it must transport a...more

SCHOOLING AND DIVORCE

As summer comes to an end, it is important to remember divorced or non-intact families must approach their child’s schooling a little differently than intact families. For example, many intact families designate one parent to...more

Does One Wrong Equal No Rights? Connecticut Lets Its Surrogate Parents’ Contracts Lapse

Due to the State Department of Education’s failure to provide new contracts in a timely manner, Connecticut’s approximately 74 surrogate parents have found themselves in limbo. Surrogate parents are appointed by the State...more

Does the Supreme Court's Marriage Decision Protect Religious Entities?

COMMENTARY: For faithful Christians, Jews and Muslims, the ruling in Obergefell v. Hodges leaves more questions than answers. In the days running up to today’s Supreme Court ruling on same-sex marriage ...more

Will My Child Have to Change Schools?

In Pennsylvania, a child is entitled to attend the public school in the district where the child resides. When parents live in different districts due to separation or divorce, a child will attend school in the district of...more

Does the trustee who socially invests entrusted funds breach his/her/its fiduciary duty of undivided loyalty, absent express...

On February 8, 2015, The University of California Student Association [which purports to represent all 240,000 students enrolled in the UC system’s 10 campuses] passed [9-1-5] the following resolution, which, in part, calls...more

Divorced Parents Ordered to Pay Daughter’s College Tuition

Some have remarked that New Jersey’s law goes further than any other state in requiring divorced parents to contribute towards their children’s college education, and here is why. Early in 2014, Caitlyn Ricci, 21 years old,...more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students [Video]

As an Equal Justice Works Fellow sponsored by Fenwick & West, Angelica Salceda is working at the ACLU of Northern California to ensure that pregnant and parenting students in California’s Central Valley schools are afforded...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Your Child’s College Education – How a New Jersey Judge Has Clarified Divorced Parents’ Financial Obligations

College costs have continued to climb at an alarming rate. A New Jersey Judge, however, has established parameters for how much a divorced parent is required to contribute to the cost of his or her child’s college education....more

College Tuition and Child Support

Many recent high school graduates are enjoying their last weeks of summer before entering their next stage: college. For parents, the time may be bittersweet. There is excitement about a child embarking on the next stage of...more

Repairing The Parent Child Relationship When College Is An Issue

In New Jersey, a parent has an obligation to contribute to his or her child’s college education. There are a number of factors that a Court typically considers when determining the amount of the contribution. The primary...more

South Carolina Legislative Update - May 2014

“Crossover” Complete - The General Assembly’s May 1 “crossover” deadline requires bills to move from one legislative body to the other or require a two-thirds vote for consideration in the receiving chamber for bills...more

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

Students in Foster Care Benefit from Urgency Legislation - Effective Immediately, AB 216 Modifies Graduation Requirements and...

Governor Jerry Brown this week signed into law Assembly Bill 216, an urgency measure designed to further define the standards and procedures for exempting pupils in foster care from local graduation requirements. The new law...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

Protecting Separate Property in Arizona: Basic Principles [Video]

Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist, Mitchell Reichman discusses best practices in protecting separate property in Arizona. He talks about various family topics such as community...more

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