Public School Boards

News & Analysis as of

OCPS Implements Changes to Capacity Enhancement & School Concurrency Processes

Orange County Public Schools (OCPS) recently implemented a number of changes to the Capacity Enhancement and School Concurrency review processes, which should result in shortened approval timeframes and other cost and time...more

CAS Legal Mailbag Question of the Week – April 2016 #2

Dear Legal Mailbag: I am blessed, I think, because a wealthy new family just enrolled two children in my school, and the father has taken a great interest in our facilities. He can come on a bit strong with his...more

See You In Court - April 2016

The Nutmeg Board of Education has not expelled a student for over two years. Not because Nutmeg students are so compliant, however, but rather because the Board appointed a hearing officer two years ago to conduct expulsion...more

Recap: Board Member Roles and Responsibilities

As the board of directors for the school district, board of education members have a unique variety of responsibilities to meet and roles to fill. Among their many duties, board members are expected to work collaboratively...more

Open Discussion of Pending Grievances Permitted At School Board Meetings

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss...more

Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim

In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under...more

So You Need A New Board Member: Legal Concerns When Filling Vacancies

For better or worse, elected municipal officials (such as school board members) are sometimes unable to complete their term of office, and thus boards of education are faced with having to fill vacancies. Here is a brief...more

The Governance – Achievement Link

Barely a week goes by without the reporting of our ongoing and seemingly endless national debate about public education and the quality of our nations’ schools. This debate typically invokes such topics as testing,...more

Non-Renewal of Administrator Contracts

The deadlines are approaching for non-renewal of administrative contracts. Administrator contracts are governed by Section 1229 of the School Code, MCL 380.1229, which contains two crucial deadlines for non-renewing an...more

Dazed and Confused: A Look at Medical Marijuana and Ontario Schools

As the Canadian medical marijuana industry continues to expand and evolve at a rapid pace, unintended gaps have begun to appear across a wide spectrum of legislation. One such gap currently exists in the Ontario school system...more

Circuit Court Holds that Public Body May Not Discuss Election of Officers in Closed Session

In Denton v. City Council for the City of Hopewell, CL 2015-71 (Hopewell Cir. Ct. 2015), a suit brought under the Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 et seq., (“FOIA”), the Hopewell Circuit Court...more

School Boards Beware: Appellate Court Applies High Bar for School Board Ignoring Hearing Officer’s Findings of Fact

The Illinois Appellate Court (Fifth District) recently reversed a school board’s decision to dismiss a tenured teacher for failure to comply with a notice to remedy. This case confirms that while school boards have...more

Supreme Court Rules in Favor of School District in Building Project Referendum Challenge: Substance Trumps Form

School districts often find themselves in the precarious position of having to rely upon the outcome of a referendum for passage of a budget or building project while simultaneously having no control over the conduct of the...more

See You In Court – December 2015

With the holiday season in full swing, the Nutmeg Board of Education has been having difficulty getting a quorum to attend its meetings. The meeting last week was delayed by forty-five minutes as the Board members present...more

New Reporting Requirement for Virginia School Boards

Beginning in July 2015, Virginia school boards and institutions of higher learning have been subject to new mandatory reporting requirements regarding the method of procurement used to obtain contracts for certain...more

ISBE Issues Guidance on Teacher Resignations

The Illinois State Board of Education (ISBE) has issued non-regulatory guidance regarding the application of Section 24-14 of the Illinois School Code to teacher resignations. Section 24-14 of the School Code provides...more

Charlotte General Election Newsletter

Election Analysis - Consistent with past local elections, less than 15 percent of registered voters turned out to the Charlotte general election yesterday. Democrats again dominated the polls, holding the mayoral office...more

Renewable Energy Update - November 2015

Renewable Energy Focus - Large-scale renewables account for more than 60% of new energy capacity in the U.S. - CleanTechnica - Oct 28: Recent figures reveal that utility-scale renewable energy projects accounted for more...more

Hypnotic Suggestion: North Port High School and the Complicity of Indifference

Concluding what must be one of the oddest public school disputes in recent memory, the Sarasota County Board of Education in Florida has agreed to resolve a lawsuit brought by three sets of parents, each of whom claimed that...more

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

Board Members’ Homework Assignment: Making Sure Your District’s Website Is Legally Compliant

With the start of a new school year, students are not the only ones who have homework. To the contrary, school board members and their respective districts’ central office administrators have their own assignment -- ensuring...more

Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court...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

PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

Illinois Passes Legislation Curbing Out-of-School Disciplinary Practices

On August 24, 2015, Governor Rauner signed into law Public Act 99-456. The Act requires school districts and charter schools to overhaul their discipline policies and is aimed at reducing the incidence of out-of-school...more

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