News & Analysis as of

Public School Boards

See You In Court! - June 2017

by Shipman & Goodwin LLP on

The members of the Nutmeg Board of Education are tired of having to put up with the constant barrage of criticism. Cut teaching positions? The parents go crazy. Add teaching positions? The taxpayer group goes crazy....more

Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

by Franczek Radelet P.C. on

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board...more

See You In Court! – May 2017

by Shipman & Goodwin LLP on

As Chair of the Finance Committee of the Nutmeg Board of Education, new Board member Penny Pincher is deeply concerned about the budget next year. Given the uncertainties regarding state funding, Seymour Dollars, venerable...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

Officials’ Top 10 Things to Remember About Public Participation in Local Government

by Best Best & Krieger LLP on

As the national political climate heated up recently, some local governments are facing spillover effects, with local and sometimes even out-of-town activists and provocateurs attending city council, school board and other...more

DeVos Confirmed, Oral Arguments Set in Gloucester County, and Congress Introduces Education Legislation

by Franczek Radelet P.C. on

Last week, the United States Senate voted to confirm Betsy DeVos as Secretary of Education. DeVos’ confirmation hearings were contentious, as telephone switchboards in Congress were flooded with constituent calls opposing her...more

See You In Court! - January 2017

by Shipman & Goodwin LLP on

For years, the Nutmeg Board of Education has invited members of the public to comment at the beginning of its meetings. Last year, the Board adopted some new rules and even printed those rules on the bottom of the agenda: ...more

PAC Ruling Further Clarifies Impermissible Restrictions on Public Comment

by Franczek Radelet P.C. on

One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

by Ballard Spahr LLP on

On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

See You In Court! – November 2016

by Shipman & Goodwin LLP on

Bob Bombast, veteran member of the Nutmeg Board of Education, couldn’t believe that he has never attended the CABE Convention before. When he finally signed up and attended the 2016 Convention, he was surprised by and...more

See You In Court! - July/August 2016

by Shipman & Goodwin LLP on

Out of the blue, Nancy Newshound, longtime reporter for the Nutmeg Bugle called Mr. Superintendent. “I understand that a student hacked the district’s system and changed a bunch of grades,” she stated. “What can you tell me...more

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

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Last month, the fifth grade classes at my school went on a field trip to a canning factory. In hindsight, it was not my finest moment as a principal. I was late in having the teachers send out the...more

See You In Court - June 2016

by Shipman & Goodwin LLP on

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues,...more

OCPS Implements Changes to Capacity Enhancement & School Concurrency Processes

by Akerman LLP on

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

by Shipman & Goodwin LLP on

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

by Shipman & Goodwin LLP on

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

by Shipman & Goodwin LLP on

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

by Tucker Arensberg, P.C. on

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

by McGuireWoods LLP on

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

by Shipman & Goodwin LLP on

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

by Clark Hill PLC on

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

by Bennett Jones LLP on

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

by Reed Smith on

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

by Franczek Radelet P.C. on

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

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