School Districts

News & Analysis as of

Appellate Court Confirms Group 2 Teachers Subject to RIF Have No Recall Rights

Last week, the Illinois Appellate Court’s Second District held that a teacher subject to dismissal based on a reduction in force (RIF) did not have recall rights because she was in RIF Grouping 2, and that the school district...more

CAS Legal Mailbag Question of the Week – May 22, 2015.

Dear Legal Mailbag: My school district is quite affluent, and parents here are quite engaged in their children’s education, which has its blessings and its challenges. One of the challenges here is the constant...more

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

OSEP Provides Guidance on Parent’s Right to an Independent Educational Evaluation

The topic of independent educational evaluations under the Individuals with Disabilities Education Act (“IDEA”) has, now more than ever, become one of the most discussed and debated topics in special education....more

Pass the Trash: A Summary of the Employment History Review Requirements Under Act 168 for Schools

Act 168 of 2014, the “Pass the Trash” Act, creates increased responsibilities and procedures a school district must follow when hiring new employees. The purpose of the Act is to eliminate the practice whereby a school...more

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a...more

When Trespasser Becomes Plaintiff

The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and...more

Understanding and Managing Compliance with the Affordable Care Act for Schools

Under the Patient Protection and Affordable Care Act (“PPACA”), employers are required to offer healthcare coverage that meets the PPACA’s definitions of “affordable” and “minimum value” to all their full-time employees...more

NYSED Releases Memo on Selection and Appointment of Impartial Hearing Officers

The New York State Education Department (NYSED) released a filed advisory memo on the selection and appointment of impartial hearing officers to conduct a special education due process hearing....more

FCC Denies E-Rate Appeal in Scorching Order

On April 15, after a multi-year investigation arising from events in 2004-2008, the Chief of the Telecommunications Access Policy Division (TAPD) of the FCC’s Wireline Competition Bureau issued an Order denying appeals by an...more

Federal Government Files ‘Statement of Interest’ In Gender-Identity Case

In recent years, there have been increasing concerns involving discrimination faced by the transgender community. Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and...more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

Parents Can Litigate IDEA Claims When Adult Students Have Delegated Education Rights

The Seventh Circuit Court of Appeals, which has jurisdiction over Illinois, Indiana, and Wisconsin, recently held that even where a disabled student has reached the age of majority under state law, his parents may litigate...more

PAC Upholds School District’s Decision to Deny FOIA Request for Text Messages

Last month, the Public Access Counselor released a decision on the subject of when text messages can be obtained from a public body through a FOIA request. The decision was non-binding, but nonetheless illustrates that absent...more

California Court of Appeals Holds Public Entity May Only Withhold Contractor Funds Where There are Liens or a Good Faith Dispute...

In East West Bank v. Rio School District [2015 Cal. App. LEXIS 274], the California Court of Appeals held that a dispute over contract price does not entitle a public entity to withhold funds due a contractor under California...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Federal Judge Finds Michigan School District Liable for Failure to Train Staff on Title IX

Earlier this week, U.S. District Judge Paul Maloney held that the Forest Hills School District, located near Grand Rapids, Michigan, can and will be held liable for its failure to provide Title IX training to staff on proper...more

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of...more

New York’s Property Tax Cap Wins Again

In 2013 we reported on NYSUT‘s lawsuit which claimed that New York’s recently-enacted property tax “cap” was unconstitutional. The thrust of NYSUT’s 2013 arguments against the cap were that it (1) harmed school districts that...more

Two California School Districts Do the Right Thing and Avoid Brown Act Violations by Rescheduling Meetings

Two Santa Ynez Valley school districts recently postponed their monthly board meetings after it was discovered that both districts failed to post their meeting agendas online 72 hours in advance, as required by the Brown Act....more

Franczek Radelet Files Amicus Brief in “Bleacher Case”

The Illinois Association of School Boards (IASB), the Illinois Association of School Business Officials (IASBO), and the Illinois Association of School Administrators (IASA) recently retained Franczek Radelet to prepare an...more

Phase-Out of School District and Local Government Property Tax Replacement Payments Proposed

In February 2015, the Ohio General Assembly introduced House Bill 64 (“H.B. 64”), which is the biennial operating budget bill for the biennium beginning July 1, 2015. H.B. 64 contains language that would restart the...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

Common Core Redux: Is There a Solution To The “Opt Out” Debate?

Almost exactly a year ago, my colleagues Michael P. McKeon and Zachary D. Schurin penned a piece on this blog that explored the deceptively simple question of whether parents could “legally” opt their children out of the...more

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