Public School Boards

News & Analysis as of

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

Federal Court Dismisses Transgender Student’s Title IX Claims in Restroom Lawsuit

Last week, U.S. District Judge Robert G. Doumar ruled that a school board’s decision to prohibit a transgender student from using the male restroom does not constitute unlawful discrimination under Title IX of the Education...more

Judge Moon and Civil Rights Lawsuits Against Bedford County Public Schools

Judge Moon has ruled on two cases in the past month involving constitutional civil rights issues and public schools. In L.E.A. v. Bedford County School Board, Judge Moon denied a preliminary injunction prohibiting the...more

PAC Rules on Two OMA Cases

The Illinois Attorney General’s Public Access Counselor (PAC) issued two non-binding opinions in July related to the Open Meetings Act (OMA). In one opinion, the PAC found that a school district did not violate the OMA when...more

PAC Rules Collective Bargaining Preparatory Meetings are Subject to OMA

In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more

SEE YOU IN COURT – July/August 2015

Mr. Superintendent couldn’t believe that it is already again time for negotiations with the Nutmeg Union of Teachers (NUTS). However, when Mr. Superintendent told Mr. Chairman that teacher negotiations are coming up and...more

Teacher has Certification Suspended for One Year Following Facebook Posts that Ridicule Student’s Name

The issue of disciplining employees for their use, or more accurately, misuse of social media is one that is frequently in the headlines, and this is never more true than when it involves an educator. Recently the New Jersey...more

NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...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

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