Public Schools

News & Analysis as of

Supreme Court Will Review Two Special Education Cases this Term

The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more

Four Practical Tips For K-12 Title IX Compliance

Administrators at K-12 school districts around the country have enormous responsibilities, with Title IX compliance high up on their list. While all administrators are concerned with doing the right thing by their students,...more

Florida Mandated Reporter Law

This survey discusses only the mandated reporter statute in Florida. If your industry is governed by a state licensing agency, such as education or child care, then that agency likely has its own set of reporting...more

Avoid Uber-Liability By Restricting Ridesharing Services On Campus

It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

National Anthem Protests: How Should Educational Institutions Respond?

Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player...more

White House Addresses Sexual Misconduct in K-12 Schools

A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12...more

PTAC Releases Guidance Video Concerning Use of Email and Student Privacy

The Privacy Technical Assistance Center (“PTAC”), a resource established by the U.S. Department of Education, recently released a guidance video concerning the use of email in schools and student data privacy. In this short...more

Child-On-Child Sexual Abuse

Most states, including Florida, have updated their child abuse reporting requirements to include child-on-child sexual abuse, often referred to as juvenile abuse. Typically these provisions are fairly comprehensive and...more

U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics...

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource...more

Supreme Court Update: Order List (9/26/16)

Greetings, Court fans! It's (still) the first Monday in October, which means the Supreme Court (and the Update) are back in action. Actually, The Eight dug in a bit last week, issuing cert grants from their September...more

Privacy Tip #54 – Keep Student Data Safe

In the past few years, we have seen the explosion of “big data,” “data analytics,” “data aggregation,” “predictive modeling,” and “data breaches.” None of these terms existed when I graduated from law school. We have...more

Construction Update: What Every School District Should Have On Its Radar Screen!

By now you may have read in the newspaper or heard through the grapevine that one of our Michigan public school districts was forced to shut down several of its elementary schools following a State Fire Marshal's order, for...more

New York Court Finds Schools Not Constitutionally Underfunded

On September 19, 2016, an Albany, New York trial court in Maisto v. New York rejected plaintiffs’ claims that the state was constitutionally underfunding eight small-city school districts. Stinson Leonard Street attorneys...more

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum – Session One Recap

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum got off to a great start with a thought provoking presentation by Mark Sommaruga and Zach Schurin regarding a summary of 2016 Connecticut legislative enactments...more

Food and Nutrition Service of the USDA Releases New Rule Regarding School Wellness Policies

The Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding Local School Wellness Policies under the Healthy, Hunger-Free Kids Act of 2010. All local school wellness...more

What Charter Schools Need to Know About the 2016 Public Records Law Overhaul

Legislation overhauling the state's public records law was recently signed by Governor Baker. The provisions of the act take effect on January 1, 2017, and the Secretary of State's office is expected to release new...more

Connecticut Court Orders Major Overhaul of Primary and Secondary Education Policies

On September 7, 2016, a Connecticut trial court in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, ordered the state to implement major reforms to its education policies. More than a decade ago, a...more

National Anthem Protests: How Should Schools, Colleges, And Universities Respond?

It’s the night of the big game. Parents, students, and fans fill the stands. The marching band takes the field, but as the band begins to play the national anthem, the football team’s star player drops to one knee – similar...more

Superior Court Judge Rules Connecticut Education System Unconstitutional

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut...more

CAS Legal Mailbag Question of the Week – September, 2016

Dear Legal Mailbag: The beginning of the year is an exciting time, but there are always some students who don’t show up for the party. To be sure, we try to track them down by attempting to contact their parents with...more

Pokémon, No!

There is something a little bit different about going back to school this year: your school is filled with Pokémon, awaiting capture by your students, employees, and visitors. By now, you are probably familiar with Pokémon...more

Legal Update: U.S. Department of Education Guidance - Rights of Homeless Children and Youths under McKinney-Vento as Amended by...

Under McKinney-Vento, LEAs must ensure homeless children and youths have equal access to the same free, appropriate public education – including a public preschool education – as provided to other children and youths. U.S....more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...more

Get Ready for the Changing Landscape of Expulsions

The legislature, this year, put in place significant changes relative to the expulsion of students which will supposedly go into effect on August 15, 2017. Assuming that the legislature leaves intact these changes during the...more

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