Public Schools

News & Analysis as of

School Segregation of Special Needs Students

The Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an Individualized Education Program for every student with a disability who is found to meet the federal and state requirements for...more

If You Didn't Write It Down, It Didn't Happen

As education and employment lawyers, we experience schools’ collective challenges at a far greater rate than any individual institution. This year, the issue that schools have struggled with most is the failure to document...more

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Supreme Court Deals Affirmative Action Another Blow, But Impact on Colleges and Universities Likely Limited

The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to...more

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

How Many Committees Are Public Schools Required to Have?

The Connecticut General Assembly has a fondness for mandating the establishment of committees in public education. In recent years, school districts have been directed to create committees to address bullying, school security...more

California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures....more

Work Session, Discussion, or Board “Meeting”?

Beginning on July 1, 2014, several West Virginia boards of education will welcome new board members. In fact, as required by state law, the organizational meeting for county boards throughout the state will take place on July...more

Supreme Court Declines to Review Case on Public School Graduations in Churches

The Supreme Court decided this week not to hear a recent case from the Seventh Circuit Court of Appeals (which has jurisdiction over Illinois, Indiana, and Wisconsin) regarding public school graduation ceremonies in churches....more

Vergara v. California: Part Two: Is Tenure in Connecticut At Risk?

As discussed in a prior post, the recent decision in the case of Vergara v. State of California, et al., will, if upheld on appeal, eviscerate California’s public school teacher tenure law. Given that 46 states have some...more

Judge Strikes Down California Teacher Tenure Laws as Unconstitutional - Business-as-usual for school districts while ruling is...

California teacher tenure, firing and layoff laws violate the state constitution, a judge has ruled in a closely watched case that may have significant ramifications for school districts, education departments and lawmakers....more

New Florida Statute Requires Schools To Provide Information About Sex Offenders

Earlier this year, the Florida Legislature enacted a requirement for nonpublic colleges, universities and schools. Effective July 1, 2014, all such institutions are required to inform employees and students at orientation and...more

Food and Beverage News and Trends - June 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Supreme Court speaks on deceptive labeling: Ruling in Pom Wonderful LLC v....more

Vergara v. California: Its Real Meaning

The media has missed the fact that Vergara is not primarily a case about tenure....more

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

Vergara v. State of California Exposes Constitutional Flaws In Public Teacher Tenure Laws

A Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to an education under the...more

Are Teacher Tenure and Seniority Really Unconstitutional?

If upheld on appeal, the trial court decision in Vergara v. State of California will make it easier for California school districts to keep new teachers in "at will" probationary status longer, to fire tenured teachers, and...more

L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional

In a much anticipated and well-publicized tentative ruling, the Los Angeles Superior Court (“trial court”) issued a tentative ruling on June 6, 2014 in Vergara v. State of California, Case. No. BC484642. Plaintiffs in the...more

Vergara v. California, and the Attenuation of Tenure, Part One: The Decision

In a landmark, June 10, 2014 decision that could set off a wave of similar litigation across the country, a California Superior Court judge ruled in the case of Vergara v. State of California, et al. that a number of...more

Do Public School Athletic Leagues Have To Admit Private High Schools?

Liberty Christian Academy (LCA), a private high school in Lynchburg, Virginia, has filed an antitrust action against the Virginia High School League (VHSL), a non-profit organization of public high schools in Virginia. The...more

Paraprofessional FMLA Regulations Formally Adopted: School Paraprofessionals Will Now Be Eligible For FMLA Leave Once They Have...

On May 12, 2014, the Connecticut Secretary of State’s website posted the Department of Labor’s Family and Medical Leave for School Paraprofessionals final regulations. Under the new regulations, Connecticut school districts...more

School Districts: New York Supreme Court Holds That Public School District May Be Liable For Alleged Bullying Of Private School...

On May 14, 2014, in J.G.S. v. Bellmore-Merrick Central High School District, the New York State Supreme Court in Nassau County held that the parents of a minor student could proceed with their lawsuit against the school...more

PA Senators Continue Pushing to Replace School Property Taxes with Expanded Personal Income & Sales Taxes - May 2014

On April 30th the Pennsylvania Senate’s Finance Committee held a hearing on S.B. 76 which would eliminate school district property taxes in Pennsylvania. The bill would replace the lost revenues: (a) by boosting the...more

Supreme Court Rules Public Universities In Michigan Can't Consider Race In Admission Decisions - In Schuette v. Coalition To...

The U.S. Supreme Court handed down its decision in Schuette v. Coalition to Defend Affirmative Action, et al. on April 22, 2014, in which plaintiffs challenged a voter-approved amendment to Michigan's constitution prohibiting...more

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