Public Schools

News & Analysis as of

Questions Remain About Social Media Privacy Rights During Workplace Investigations

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Alert: Student Data Privacy: States Keep Up the Momentum

While Congress continues to consider (but not act on) nationwide student data privacy initiatives, the states continued to lead the charge in 2015. Earlier this year, we reported that, in 2014, 36 states introduced 110...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

Justice Department Sues Public School For Refusing to Manage Student’s Service Dog

The Department of Justice (DOJ) announced today that it filed a lawsuit against the Gates-Chili Central School District in New York because it refused to have its teachers help a kindergarten student with epilepsy and other...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

News from Second and State

The biggest news out of the state legislature this week is final passage of a stopgap budget. Last week, the Senate passed S.B. 1000 (Browne, R-Lehigh), and on Thursday, it finally passed the House of Representatives. The...more

Illinois Supreme Court Rules Local Land Use Codes Apply to School Districts

In a long-anticipated decision, the Illinois Supreme Court ruled on September 24, 2015, that school districts are subject to municipal zoning and land use regulations. The decision in Gurba v. Community High School District...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

NC Politics in the News

CHARLOTTE BUSINESS JOURNAL: Incentives cap for N.C. urban areas removed from compromise bill - A compromise N.C. incentives bill exempts the state's urban areas from a cap on the value of incentives offered each year to...more

CAS Legal Mailbag Question of the Week - 09/18/15

As an avid fan of “The Dr. Oz Show,” I have been disappointed by his equivocal statements about vaccination. My first duty as a school principal is to keep students safe at my school, and complying with the immunization law...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

North Carolina General Assembly Week in Review

On Monday afternoon, 76 days after the new fiscal year (FY) began, Speaker of the House Tim Moore (R-Cleveland) and President Pro Tempore Phil Berger (R-Rockingham) held a press conference to unveil the details of the new...more

The Future Is Now! Drones Are Coming to Public Schools… But Are We Ready?

During a recent meeting with a school district client they casually mentioned they were using a "drone." Surprised, I asked “Why… to mercilessly bomb al-Qaida strongholds with Graham crackers?" Ignoring my attempt at humor,...more

SEE YOU IN COURT! - September 2015

The members of the Nutmeg Board of Education are a conscientious group, and they want to know everything about the operation of the Nutmeg Public Schools. For his part, Mr. Superintendent has tried to keep up with their...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

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

Recent Legislative Session Brings Increased State Oversight of Connecticut Charter Schools

The most recent legislative session brought about a number of changes to laws regarding charter schools. These changes focused mainly on increasing State oversight to ensure that State charter schools are properly run and...more

Student Data Concerns Give Rise to Proposed Changes in Federal Education Privacy Laws

It has been over 40 years since Congress initially passed the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g), also referred to as the “Buckley Amendment” after its primary Congressional sponsor. ...more

New Jersey Family-School Partnership Act Seeks to Provide Leave for Involvement in School Activities

Another bill (S2935) proposed by New Jersey Senate Majority Leader Loretta Weinberg on May 19, 2015, would require employers with at least 25 employees to permit their employees to take up to 40 hours of leave to participate...more

ISBE Issues Guidance and Forms Regarding Vaccination Religious Exemptions

On Tuesday, the Illinois State Board of Education issued guidance on recent changes to immunization requirements for students. As we reported last week, recent legislation requires a new meningitis vaccine for sixth and...more


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

Major Changes to Laws Protecting Minors: Pennsylvania as Bellwether for New Child Protection Legislation?

In the wake of several high-profile cases of child abuse, Pennsylvania’s General Assembly has been on the vanguard of state legislatures’ efforts to reduce the risk of harm to children. Since 2013, Pennsylvania’s lawmakers...more

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