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CAS Legal Mailbag Question of the Week - April 2016 #3

Dear Legal Mailbag: I know it may seem like a silly question, but do teachers ALWAYS have a right to a union representative at a meeting with an administrator? Recently, I invited my art teachers in for a meeting to...more

New Affordable Care Act FAQs Released on Rescissions of Coverage, Preventive Care Mandate, Out-of-Network Emergency Service...

The U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) have jointly issued a new set of answers to frequently asked questions about the...more

G.G. v. Gloucester County School Board – A Tipping Point on Transgender Student Access Issues?

Have we reached a judicial tipping point on transgender student bathroom and locker room access issues? Perhaps we have. On April 19, 2016, the Fourth Circuit Court of Appeals – the federal circuit court with...more

Fourth Circuit Holds That Title IX Protection Extends to Transgender Restroom Access

On April 19, 2016, the United States Court of Appeals for the Fourth Circuit, in a highly publicized decision, issued a ruling which addresses the rights of transgender students under Title IX of the Education Amendments Act...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

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

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

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

Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues

In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more

CAS Legal Mailbag Question of the Week – April 2016

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

Recap: Board Member Roles and Responsibilities

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

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

CAS Legal Mailbag Question of the Week – March 2016 #5

Originally appeared in the CAS Weekly NewsBlast. Dear Legal Mailbag: As the principal of a large high school, I get a lot of letters. I have been around, and I know all about keeping legitimate items of...more

Don’t Shoot the Messenger—Student Art Removed, First Amendment Notwithstanding

Last fall we had occasion to address the extent to which public displays of art and attempts at controlling the content of them can run afoul of the First Amendment. In that case, public outrage at artwork submitted by...more

CAS Legal Mailbag Question of the Week – March 2016 #4

Dear Legal Mailbag: Have you noticed that parents increasingly have boundary issues as to what is their business and what is not? I have, and I need your help....more

State Releases New School Security and Safety Standards

In 2013, as part of Public Act 13-1, Connecticut enacted legislation that requires the Department of Emergency Services and Public Protection (DESPP), in consultation with the State Department of Education, to develop school...more

New York Legislative Session Update - Budget proposals and a Buffalo surprise

Assembly budget proposal. The Assembly one-house budget was a veritable mixed-bag, with a range of provisions included fully in line with the governor's executive budget proposal, while including others that push back against...more

The Governance – Achievement Link

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

MDE Guidance Relating to Evaluation Training Funds

Last week, the Michigan Department of Education (MDE) issued guidance on how funds for research, development and training related to educator evaluations will be awarded. This guidance is found on the MDE website, the tab...more

Assisting with Adaptive Reuse

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

April 1 Deadline to Object Still Applies - The federal judge in the Morgan Hill Concerned Parents Association v. California Department of Education case modified her original decision regarding the release of student...more

See You In Court – March 2016

Now that the budget for next year was finally completed and submitted to the Town, the Nutmeg Board of Education turned its attention to the current year’s budget. Board member Red Cent had been poring over the monthly...more

Construction Corner: Procurement of General Contractor

In a previous Construction Corner post we discussed the procurement of an Architect for a school project. In this post, we will discuss the procurement of a General Contractor. ...more

CAS Legal Mailbag Question of the Week - March 2016

Dear Legal Mailbag: Call me old-fashioned, but I have become increasingly disappointed in how the teachers at my school have been dressing. It is not uncommon for male teachers to wear ratty work shirts and jeans, and...more

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