This week, the General Assembly briefly reconvened for one of the Special Sessions authorized by the July adjournment resolution. Although legislative activity and bill movement were both limited during this narrow window,...more
In this episode of On Record PR, Gina Rubel goes on record with Patricia Hennessy, Partner at Barton Gilman, to discuss the wide range of legal tools education lawyers employ to serve the needs of children. Pat is co-chair of...more
After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools...more
On Oct. 25, 2023, Gov. Kathy Hochul signed into law Senate Bill S05261/Assembly Bill A05010, amending the definition of child abuse under Article 23-B, § 1125(1). The definition of child abuse now includes corporal punishment...more
With COVID-era travel restrictions in the rearview mirror, school-sponsored student travel is quickly accelerating back to pre-pandemic levels. As an integral part of the curriculum and an engine to provide a vibrant and...more
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
On Dec. 22, 2020, New York State Technology Law Section 106-b took effect, which prohibited all school districts, including public, private and charter schools, from using any biometric technology (including but not limited...more
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more
Economic Development - THE NEWS & OBSERVER: NCInnovation won't get $1.4 billion, but new nonprofit still sees plenty in budget plan - NCInnovation, a new nonprofit that seeks to boost North Carolina’s economic...more
While public schools are required to serve children with disabilities under the Individuals with Disabilities Education Act (IDEA), private schools are not required to meet the same standards. The IDEA provides: “[n]o...more
We previously shared our School Law Legislative Update, focused on new Illinois school-related laws that became effective January 1, 2023. From that update, our team at Franczek P.C. has compiled a narrower list of those laws...more
On November 22, 2022, Governor Hochul signed into law Bill S973, which amends the Education Law by requiring private schools to abide by the mandates of the Concussion Management and Awareness Act (“CMAA”) of 2011 – New...more
While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more
Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more
The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more
The Ninth Circuit on June 15, 2022 issued its long-awaited en banc decision in Brach v. Newsom, holding that the challenge to the California’s Covid-19 restrictions on in-person schooling is now moot. The appeal arose from a...more
We recently provided our predictions for what education employers could expect to see in the area of workplace law over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition....more
A surge in bus driver staffing needs may lead to steep penalties from the Ohio Department of Education (ODE) and their new compliance monitoring system. A combination of factors have made bus drivers hard to come by in Ohio,...more
Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more
California Governor Gavin Newsom announced a new emergency order on October 1 requiring all students in both public and private schools to get the COVID-19 vaccine once fully authorized by the Federal Drug Administration...more
On September 10, 2021, Governor Lamont issued Executive Order 13G, which set forth a revised COVID-19 vaccination mandate for Connecticut school employees (and childcare facilities). As my colleague, Melinda Kaufmann noted,...more
The Indiana State Department of Health (ISDH) recently updated its COVID-19 control measures in response to the resurgence of positive cases across the state, and all employers regardless of industry will be expected to take...more
Both the State of Colorado and the City of Denver have recently issued mandatory vaccine policies for certain segments of worker populations – and your organization may be soon required to enforce such a mandate. While the...more
One of the most commonly litigated legal custody issues is “school-choice” and as families prepare to go into the next school year, we are seeing an increase in disputes among separated/divorced parents. Many families...more