Board of Education

News & Analysis as of

N.C. Court of Appeals Addresses Public Records, Closed Session and "Personnel Matters"

In The Times News Publishing Co. v. The Alamance-Burlington Bd. of Education, No. COA15-99 (July 21, 2015), the Court of Appeals considered the intersection between the State's Open Meetings Laws (N.C.G.S. 143-318.9, et seq.)...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

PAC Upholds Board Action: No OMA Violation for Private Emails

In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more

Quinlan Revisited: Employees Who Steal Personnel Records May Not Necessarily Be Fired, But At Least They May Be Prosecuted

Five years ago, in Quinlan v. Curtiss-Wright Corporation, the New Jersey Supreme Court ruled that a trusted employee's act of stealing and using her employer's confidential personnel documents in furtherance of her...more

ISBE Releases New Guidance on Medication Administration in Schools

In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105...more

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

SEE YOU IN COURT – June 2015

Last year, Mal Content ran for the Nutmeg Board of Education on a platform of constituent service, with advertisements promising, “Tell me your problems, and I will find you solutions.” Despite Mal’s grand promises, he was...more

Appellate Court Confirms that Convicted Felon Cannot Run for School Board Seat

On May 13, 2015, the Illinois Appellate Court’s First District held that the former Board President of an Illinois high school district’s Board of Education was ineligible to fill a vacancy on the board following his previous...more

See You In Court – May 2015

Seymour Dollars, the irascible Chairperson of the Nutmeg Board of Finance, gave the Board of Education a very hard time throughout the entire budget process this year. He questioned the Board down to the minutest detail of...more

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

Illinois Court Finds Teaching the “N” Word is Not Protected by the First Amendment

Recently, the United States District Court for the Northern District of Illinois addressed whether a teacher could be disciplined for using the word “n*gger” in a sixth grade classroom. In Brown v. Board of Education of the...more

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Recently, the Northern District of Illinois issued its opinion in Wong v. Board of Education of Community Consolidated School District 15. Although the court’s decision does not address novel arguments or depart from prior...more

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

An Illinois Appellate Court recently overturned the 2012 dismissal of a teacher who was terminated for being under the influence while at work. The opinion provides instructive guidance on how courts closely analyze a school...more

SEE YOU IN COURT! - March 2015 CABE Journal

The Residents Against New Taxes (RANT) launched a new high tech online campaign this year to recruit new members in Nutmeg. RANT members attend every meeting of the Nutmeg Board of Education, and in large numbers they sign...more

Pay-to-Play Lessons from New Jersey’s State Investment Council Rules

New Jersey is often thought of as the “pay-to-play” state – primarily because we have five separate statewide pay-to-play prohibition laws in effect (covering state procurement, county procurement, local procurement, state...more

New School Security and Safety Standards Encourage, but no Longer Mandate, ICS Courses for All Employees

The Division of Emergency Management and Homeland Security (DEMHS) within the Connecticut Department of Emergency Services and Public Protection (DESPP) recently released revised school security and safety plan standards that...more

Clear Thinking: The State Board of Education’s Concussion Education Plan and Guidelines for Connecticut Schools

With each new year, it seems as if Connecticut legislators collectively agree to the same resolution – create new legal obligations for local and regional school boards. This year is no different. Although passed in early...more

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

Board Member Term Limits: Are They Legal?

Some cities and towns in Connecticut limit the terms of office for board of education members and other elected officials. This may come in the form of limiting a board member to two consecutive terms. At least one town in...more

Religious Institution - January 2015

Experience over the last couple decades teaches that religious institutions face as much or perhaps more liability than secular organizations and, therefore, need to take risk management seriously. From operating their own...more

Will 2015 be The Year for Pay-to-Play Reform in New Jersey?

New Jersey’s pay-to-play laws have been described as a “dizzyingly complex array of statutes, ordinances and executive orders.” New Jersey currently has different laws in effect that apply to State government contracts, State...more

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Is the CHRO Expanding its Reach into Schools and Police Actions?

I recently attended a meeting where Charles Krich, the Principal Attorney for the Connecticut Commission on Human Rights and Opportunities (“CHRO”), spoke about the future of the agency. Attorney Krich stated that the agency...more

Circuit Court of Springfield Overturns PAC Opinion on OMA Violation

An Illinois Circuit Court recently overturned a Public Access Counselor opinion. The Court held, contrary to the PAC, that the Board of Education of Springfield School District No. 186 did not violate Section 2(e) of the Open...more

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