News & Analysis as of

School Districts

Liability for field trips: Munn v. Hotchkiss and ticks, Costa v. Plainville and basketball, and are there really any new...

Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against...more

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

Connecticut gets it right for Non-ERISA 403(b) plans

by Ary Rosenbaum on

One of the things that most people forget about fee disclosure as it pertains to retirement plans is that it’s only applicable to ERISA based retirement plans. So non-ERISA 403(b) plans have no fee disclosure requirements and...more

When Can Schools Ban a Parent or a Third Party from School Property and School Events?

The Second Circuit Court of Appeals recently addressed the issue of whether a school district can ban a parent from school property during the school day and/or during on-site sporting events based on the parent’s prior...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

Pullman & Comley 2017 “interim” legislative summary for schools

The Connecticut General Assembly enacted a number of laws during its 2017 regular session that will impact Connecticut schools. Among other things, bills have been enacted that: (1) “repeal and replace” last year’s radical...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

PA Supreme Court Rules On School District Tax Appeals

by Fox Rothschild LLP on

In a recent Supreme Court of Pennsylvania case, captioned as Valley Forge Towers, taxpayer brought an action against the school district, as a taxing district, seeking declaratory and injunctive relief claiming that the...more

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

by Pepper Hamilton LLP on

On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as...more

Calif. AG Says SB 415 Applies to Charter Cities and Local School Districts Governed by Charter Cities - California Voter...

by Best Best & Krieger LLP on

Last week, Attorney General Xavier Becerra opined that the California Voter Participation Rights Act, also known as SB 415, applies to charter cities and school districts governed by charter cities. In the second opinion...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

Violation of Stay-Put Provisions Under the IDEA Can Be Costly

In what appears to be the first case of its kind within the Second Circuit, a United States District Court Judge within the District of Connecticut has crafted an order of over $200,000 in compensatory damages for a school...more

Selective property tax appeals based on property type or residency status of the owner violates the Pennsylvania Constitution’s...

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Ohio Appeals Court Holds That Contractor Who Seeks Application of HOOP Formula to Calculate Home Office Overhead Need Not Prove...

by Pepper Hamilton LLP on

Wood Elec., Inc. v. Ohio Facilities Constr. Comm’n, 10th Dist. Franklin No. 16AP-643, 2017-Ohio-2743, 2017 Ohio App. Lexis 1745 (May 9, 2017) - The Ohio Facilities Construction Commission (“OFCC”), together with a school...more

PA Supreme Court Limits School District Real Estate Tax Appeals

by Ballard Spahr LLP on

In a long-awaited decision on a hotly debated issue, the Pennsylvania Supreme Court has held that taxpayers whose apartment buildings were singled out for school district tax appeals have stated a valid claim that such...more

Pennsylvania Supreme Court Rules That Constitution Prohibits School Districts from Engaging in Selective Tax Appeals

by Blank Rome LLP on

Action Item: This alert examines the recent Pennsylvania Supreme Court decision in Valley Forge Towers Apartments v. Upper Merion School District, which held that a school district may not selectively appeal the assessments...more

Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law

by Ruder Ware on

In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school...more

3 things your school should know about Missouri State Auditor’s emphasis of cybersecurity

by Thompson Coburn LLP on

Since being appointed in April of 2015, Missouri State Auditor Nicole Galloway has consistently made cybersecurity a priority for her office. Ms. Galloway has focused on cybersecurity throughout all components of Missouri...more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

by Hinshaw & Culbertson LLP on

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District...more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting Schools

The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene...more

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

by Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Public Act 16-67 – Are Your Background-Check Practices Compliant?

It’s been almost exactly a year since Public Act 16-67 – officially entitled “An Act Concerning the Disclosure of Certain Education Personnel Records, Criminal Penalties for Threatening in Educational Settings and the...more

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

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Cybersecurity

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