News & Analysis as of

Public Schools

Special Education Tip - There is a Light at the End of the Tunnel - 43-2017

by Pessin Katz Law, P.A. on

There is a Light at the End of the Tunnel and It Ain’t No Train - Some good news. The NSBA Council of School Attorneys (“COSA”) met last week in Denver, Colorado. One of the speakers was former COSA Chair Tom Wheeler,...more

Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

by Shipman & Goodwin LLP on

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for...more

Special Education Tip - Supreme Court Issues Landmark Decision on the FAPE Standard - 42-2017

by Pessin Katz Law, P.A. on

We have been eagerly awaiting the decision of the Supreme Court in Endrew F. v. Douglas County School District. On March 22, 2017, in a unanimous decision, the Supreme Court held that to meet its substantive obligation under...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

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

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening...more

Ninth Circuit Affirms District Court’s Dismissal Of Plaintiff’s Procedural Due Process Claim

by Carlton Fields on

In this action, plaintiff Sherri Roberts appealed a Montana federal district court’s order which granted her former employer/defendant Lame Deer Public Schools’ summary judgment motion because plaintiff’s procedural due...more

CAS Legal Mailbag Question of the Week – April, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Recently, a parent stopped by my office unannounced to complain that one of my teachers was rude to her darling little son. This is not the first time that she has leveled an accusation against one...more

Transgender Students in Independent Schools: Developing Best Practices in a Confusing Political Landscape

by Shipman & Goodwin LLP on

Issues regarding transgender students and employees have been at the forefront of political, legal and social discussion in recent months. As independent schools consider their role in promoting the health and safety of...more

Immigration Compliance In The Trump Era: What Schools Need To Know

by Fisher Phillips on

The first couple of months of the Trump administration have been something of a whirlwind. Many Americans have been glued to their TVs, computer screens, or smartphones on a daily basis, anxiously awaiting the latest news...more

Mandated Reporting and Professional Boundaries: Important Training for Faculty and Staff

by Shipman & Goodwin LLP on

Now more than ever it is critical for independent schools to ensure that all faculty and staff are appropriately trained regarding their legal obligation to report suspicions of abuse and neglect of any student to appropriate...more

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

by Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...more

High Court Says Girl with Special Needs Can Sue Over School's Refusal to Allow Service Dog

The family of a girl with cerebral palsy may sue her former school district for refusing to allow her service dog as a companion in school, the U.S. Supreme Court has ruled. The Michigan case revolved around whether the...more

Transforming Education – The DeVos Factor

by Fisher Phillips on

Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s...more

Supreme Court Rules in Favor of Expanding the Rights of K-12 Special Education Students

by Baker Donelson on

The United States Supreme Court has ruled students with disabilities in grades K-12 are entitled to meaningful academic progress. On March 22, 2017, the Court decided the case of Endrew F. v. Douglas County School District,...more

CAS Legal Mailbag Question of the Week – March, 2017 #4

by Shipman & Goodwin LLP on

I am an assistant principal at a great middle school and we are a very welcoming bunch. Five months ago, a parent of another student attending our school came in with an eighth grade girl and asked that she be enrolled as...more

See You In Court! - April 2017

by Shipman & Goodwin LLP on

The Nutmeg Board of Education was frustrated and dismayed this budget season by the need to cut programs and reduce costs. However, given various warnings from Seymour Dollars, the irascible Chairperson of the Nutmeg Board of...more

Supreme Court’s Evolving Approach to Special Education

In Endrew F., et al. v. Douglas County School District (No. 15-827), the Supreme Court of the United States expanded on its long-standing interpretation of the substantive right to a “free appropriate public education” (known...more

U.S. Supreme Court Decides Special Education Case

On March 22, 2017, the U.S. Supreme Court issued a unanimous decision regarding a matter of significant concern to school districts. In the case of Endrew F. v. Douglas County School District RE-1, the Supreme Court held...more

New Standard for FAPE - Program Must Allow Child to Make Progress “Appropriate in Light of Child’s Circumstances”

by Best Best & Krieger LLP on

The decades-old standard for what constitutes a free appropriate public education for students with disabilities was changed in an opinion issued this week by the U.S. Supreme Court. The Court created a new standard in Endrew...more

Supreme Court Decides Endrew v. Douglas County School District

by Faegre Baker Daniels on

On March 22, 2017, the United States Supreme Court decided Endrew v. Douglas County School District, No. 15-827, holding that the Individuals with Disabilities Education Act (IDEA) requires participating schools to offer an...more

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

Hot List – What’s Happening in the California Legislature 3/27-3/31

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Supreme Court Increases School Standards For Students With Disabilities

by Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

The Supreme Court - March, 2017 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Czyzewski v. Jevic Holding Corp., No. 15-649: Respondent Jevic Transportation filed for Chapter 11 bankruptcy. This spawned two lawsuits. ...more

Supreme Court sends lower courts back to work on FAPE

by Barley Snyder on

While stopping short of establishing a bright-line rule, the U.S. Supreme Court came very close in evaluating whether a local educational agency has offered a student a free and appropriate education (FAPE). The Court...more

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