News & Analysis as of

Public Schools

CAS Legal Mailbag Question of the Week - October, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I hope that you can help me out of a jam. Last week, during an otherwise uneventful day, a crowd gathered at the middle school where I am principal. Originally published in the CAS Weekly Newsletter...more

In Aftermath of Hurricane Maria, Connecticut School Districts Reminded of Obligations to Displaced Puerto Rican Students

by Shipman & Goodwin LLP on

On September 28, 2017, Connecticut Governor Dannel P. Malloy and Commissioner of Education Dr. Dianna R. Wentzell issued a joint memorandum to Connecticut superintendents of public schools outlining local educational agency...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Pennsylvania School Funding Question Given Another Chance

by Barley Snyder on

The tricky issue of how the state funds its public schools has new life after a Pennsylvania Supreme Court decision late last week. In the latest chapter in the battle over the system of public school funding in...more

Court Affirms Denial of Board of Public Education's Summary Judgment Motion in Asbestos Case

by Steptoe & Johnson PLLC on

Earlier this year, the Commonwealth Court of Pennsylvania upheld a denial of a motion for summary judgment filed by the Pittsburgh School District’s Board of Public Education (“PBE”). Geier v. Bd. of Pub. Educ. of the Sch....more

See You In Court! – October 2017

by Shipman & Goodwin LLP on

It didn’t take long. School started in Nutmeg just a month ago, and already Ms. Superintendent was calling the members of the Board of Education to schedule an expulsion hearing. “This is a good one,” she told veteran Board...more

CAS Legal Mailbag Question of the Week – September, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Last year, I received a disturbing letter. It was anonymous and unsigned. Originally published in the CAS Weekly Newsletter - September 26, 2017....more

CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

Vendor Contracts: Be Careful Before You Sign On The Dotted Line

by Fisher Phillips on

It’s the first week back to school and you receive the following three phone calls in quick succession - • A parent advises you that she does not want to buy expensive apparel from a certain sportswear company for her...more

California School & Community College District Bond Legislation Update - September 2017

Good news on the legislative front for 2018 bond elections! First, the following bills have become two-year bills: Senate Bill 7 (Moorlach), which would require a school or community college district bond measure be...more

Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

by Tucker Arensberg, P.C. on

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy...more

School Districts, Undocumented Student, and Equal Access to Public K-12 Education

With the end of the Deferred Action for Childhood Arrivals program on the horizon, many K-12 schools, school districts, taxpayers, and others are asking: Do undocumented students have the right to attend public schools? And,...more

CAS Legal Mailbag Question of the Week - September, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Does HIPAA permit a physician or covered entity to release physical exam results to the school nurse, without prior authorization, for the purposes of permitting a student to participate in school...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

See You In Court! – September 2017

by Shipman & Goodwin LLP on

The ongoing State budget stalemate has many public officials in Nutmeg on edge. “How can we give the Board of Education money when we don’t even know whether and when the State will give us our ECS funds?” asked Seymour...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

by Shipman & Goodwin LLP on

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

New School Funding Bill on The Way to The Governor’s Desk

by Franczek Radelet P.C. on

The rollercoaster ride of the past weeks on school funding is coming to an end as the General Assembly has passed a new compromise bill that is expected to be signed by Governor Rauner as early as the end of this week. ...more

Department of Revenue Issues Favorable Ruling for Tax Credit Scholarship Donors - State & Local Tax Alert: Alabama Edition

Since the landmark Alabama Accountability Act was enacted in 2013, allowing individual and corporate donors to provide scholarship funds for underprivileged children in our state who are zoned for underperforming public...more

Employee Must Pay Union Dues If the Employee Fails to Timely Revoke Dues Checkoff Agreement

by Clark Hill PLC on

On August 10, 2017, the Michigan Court of Appeals finally delivered an opinion on the lawfulness of so called "window periods" for revoking union dues obligations (as opposed to union membership) for Michigan public sector...more

Connecticut Supreme Court Issues Decision in Munn v. Hotchkiss

by Shipman & Goodwin LLP on

On Friday, the Connecticut Supreme Court issued its long-awaited ruling in Munn v. Hotchkiss School, the case involving a private school student who contracted tick-borne encephalitis on a school-sponsored trip to China. In...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

by Hodgson Russ LLP on

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children...more

Compliance with Today’s Anti-Discrimination Laws Through a History Lesson

by Shipman & Goodwin LLP on

Over the weekend, I was doing a lot of driving. Having a kid at camp near the New Hampshire border to pick him up will do that. So, it was time for me to catch up on some podcasts I had downloaded but hadn’t yet listened...more

CAS Legal Mailbag Question of the Week – August, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I hope that you are having a nice summer. As a new principal of a big elementary school, I was enjoying mine, but now I need your help. Originally published in the CAS Weekly Newsletter - August 2,...more

Education Newsletter: Volume 1, Number 2

by Dickinson Wright on

House Bill 2078 (signed April 17, 2017) - This bill restructures post-secondary credit system for high school students. Unlike dual enrollment programs, a student enrolled in concurrent coursework will attend regular...more

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