News & Analysis as of

Public Schools

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

Public Education Under Attack in Florida

Imagine a world in which public education did not exist. A world in which children did not have schools to attend. A world in which the future generation could not obtain a diploma. It is hard to imagine such a world, as the...more

See You In Court! - July/August 2017

by Shipman & Goodwin LLP on

It was a tough budget season in Nutmeg, and the Board of Education was forced to make difficult cuts just to start the new year with a balanced budget. To make matters worse, Town officials are whispering about possibly...more

Sharp Pencil Not a Weapon Under Pennsylvania School Code

by Tucker Arensberg, P.C. on

S.A. v. Pittsburgh Pub. Sch. Dist., 2017 Pa. Commw. LEXIS 152 (Pa. Commw. Ct. May 1, 2017). Summary and Factual Background - S.A. was a 10th grade student at Barack Obama International Academy, a high school in the...more

New Legislation Revises Physical Restraint and Seclusion Training Requirements

by Shipman & Goodwin LLP on

Earlier this month, the Governor signed Public Act 17-220 (House Bill 7276), which contains a number of provisions aimed at providing “mandate relief” to boards of education. Section 5 of Public Act 17-220, effective July 1,...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

Are You Ready for August 1st?

by Clark Hill PLC on

The 2017/2018 school year is fast approaching and so are two very important deadlines. By August 1, 2017, school districts, intermediate school districts and public school academies are required to have policies in place...more

Transgender and Genderqueer Public School Students: School Safety in an Era of Uncertainty

by Shipman & Goodwin LLP on

The Connecticut Commission on Human Rights and Opportunities (CHRO) is presenting the following symposium. This is a free presentation open to the public. ...more

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