Public Schools

News & Analysis as of

Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

First there was “Prince.” Then there was “The Artist Formerly Known As Prince.” Then there was “The Artist Formerly Known As Prince Because he Changed His Name to a Symbol, But Then Realized That No One Could...more

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and...more

Privacy and Security Guidance: Cloud Computing in the MUSH Sector

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services....more

SDE Weighs in on Parents’ Right to Independent Educational Evaluations

The Connecticut State Department of Education (“SDE”) recently issued a guidance memorandum providing its interpretation of when a parent is entitled to a publicly funded independent educational evaluation (“IEE”) under the...more

Michigan Governor Signs Early Warning Legislation for Financially Distressed School Districts with Immediate Effect

On July 7, Michigan Governor Snyder signed into law a package of bills, all with immediate effect and most with a tie bar to at least one of the other bills in the package, creating an early warning system to identify the...more

Delaware Student Data Privacy Protection Act Awaits Governor’s Signature

With the continuing push for more prolific and creative use of technology in Kindergarten through 12th grade classrooms, student data has become more valuable, and the protection of that data of greater concern. In the face...more

“Enough is Enough” Legislation Becomes Law: New York Education Law Article 129-B Establishes New Requirements for New York State...

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation that will, once again, change the way public and private colleges and universities in New York (“higher education institutions”) must respond to...more

New Hampshire Enacts Breach Notification Requirement for the Department of Education

The state of New Hampshire recently enacted House Bill 322 (“HB 322”), which requires the Department of Education (“DOE”) to implement additional procedures to protect student and teacher data from security breaches. Those...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

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Playing It Safer: Managing Concussion-Litigation Risk In K-12 Athletics

Following a week-long trial in May, an Iowa jury concluded that Bedford High School was negligent in the way it handled a head injury to former high school freshman football player Kacey Strough. The jury awarded Kacey $1...more

California Governor Eliminates Personal Belief Exemption for School Vaccinations

SB 277 Requires All Students to be Vaccinated, Absent a Medical Exemption - California Governor Jerry Brown has signed into law Senate Bill 277, eliminating the personal belief exemption for existing specified...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting Schools

The 2015 session of the Connecticut General Assembly has just concluded. A comprehensive summary and discussion of laws that were passed during the 2015 session will be forthcoming from this firm after the Governor has acted...more

CAS Legal Mailbag Question of the Week

Given security concerns that we all face, at my school we have a sign-in policy that we enforce without exception, including a requirement that visitors show photo ID. A parent of one of the students at my school, however,...more

Legislature Passes Early Warning Bills for Financially Distressed School Districts

The Michigan Legislature recently passed a package of bills to create an early warning system to identify the potential for financial distress in local school districts, intermediate school districts (ISDs) and public school...more

ISBE Releases New Guidance on Medication Administration in Schools

In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105...more

U.S. Department of Education Weighs in Against an Oregon Bill which would Make it Easier for Students to Opt Out of Testing

The question of the ability of students to “opt out” of mandated standardized testing is one that occupied many school districts during Connecticut’s most recent round of statewide testing. The U.S. Department of Education...more

Two Recent Decisions Provide Guidance on How School Districts Should Respond to Allegations of Sexual Assault

Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of...more

NC Legislative Update for June 2015 #3

Our thoughts and prayers go out to the families of the victims and church members of the vicious shooting in Charleston, SC. This Week - The Senate budget writers were very active this week as lawmakers worked long...more

Significant Changes to Law Concerning Physical Restraint and Seclusion in Schools Anticipated to be Effective July 1, 2015

The Legislature has passed Public Act No. 15-141: An Act Concerning Seclusion and Restraint in Schools(the “Act”), which makes significant changes to the law and regulations governing physical restraint and seclusion in...more

Public Transit Passes Satisfy the Transportation Requirements of the Charter School Law

Hoffman v. Steel Valley School District, 1002 C.D. 2014 (Pa.Cmwlth. 2015). The provision of public transit passes to charter school students fulfills the requirements of the Charter School Law for the provision of...more

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Construction Corner: Identifying the Need for a Construction Manager for Your School Construction Project

Now that we have reviewed the necessary steps for a successful solicitation process for a design professional, we will focus on the role a construction manager may play and offer suggestions on how to identify whether or not...more

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

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