News & Analysis as of

School Districts

Latest Legal Developments On Student Searches

by Tucker Arensberg, P.C. on

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

The Seventh Circuit's Recent Ruling on Sexual-Orientation Discrimination: What School Districts Need to Know

by Hogan Lovells on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...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

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Title IX Update - April 2017

by Nexsen Pruet, PLLC on

University of Alaska System – February 2017 - In late February, the Department of Education Office for Civil Rights (“OCR”) entered into a Resolution Agreement with the University of Alaska System related to a compliance...more

Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including...

by Pepper Hamilton LLP on

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017) - This action arose out of the design and construction of a new roof for a high school in Hill County,...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

Kansas Supreme Court Declares School Funding Formula Constitutionally Inadequate, Gives Legislature Until June 30 to Enact New...

by Stinson Leonard Street on

Earlier this month, the Kansas Supreme Court issued an opinion in Gannon v. Kansas holding that the state’s current system of funding public education was inadequate under the state's constitution. The Court relied primarily...more

FedEx Can Keep On Copying for Creative Commons Licensee

by Dorsey & Whitney LLP on

Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for...more

Title IX Update - March 2017

by Nexsen Pruet, PLLC on

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

See You In Court! - March 2017

by Shipman & Goodwin LLP on

Sally Scrivener was elected to the Nutmeg Board of Education last November, and she was surprised when her Board colleagues voted to elect her to serve as secretary of the Board. Sally is nothing if not conscientious, and she...more

Trump Administration Withdraws Transgender Guidance

by Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

SCOTUS Service Dog Decision Could Spell Bad News For Schools

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

The Scope of the IDEA Statute: How Far Must Local School Districts Go In Providing A “Free And Appropriate” Public Education?

Say what you will about the Roberts Court, but you cannot say it does not confront diffi cult issues that impact the everyday lives of most Americans. One of those issues presently before the Court is public education,...more

How Are You Handling Parents Who Might Not Speak English?

by Barley Snyder on

A recent Philadelphia court decision is a welcome reminder for Barley Snyder client school districts to know what is required of them when it comes to dealing with families where the parents or guardians of a student do not...more

FCC Waives Certain Classification Standards from 2017 E-rate Eligible Services List

On February 8, 2017, the Wireline Competition Bureau (“Bureau”) granted a waiver of certain Category One/Category Two classification standards established in the 2017 Eligible Services List (“ESL”) on its own motion, meaning...more

Worth Another Look

Budget Theme: Schools that Teach - As he has in previous years, Governor Wolf highlighted the need for “schools that teach” in his 2017-2018 budget address. Today during his budget address, Governor Wolf stated his...more

Liquidated Damages: A Tool for Teacher Retention?

by Ruder Ware on

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff. In a post-Act 10 world where districts are free to recruit the best and the brightest from their...more

A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education...

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is...more

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

by Franczek Radelet P.C. on

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting...more

County Boards of Education Cannot be Exempted from Local Zoning Requirements

by Miller Starr Regalia on

On January 24, 2017, the Court of Appeal for the Sixth Appellate District interpreted Government Code section 53094 and held that, unlike school districts, county boards of education cannot be exempted from local zoning...more

Oral Argument Presented in Supreme Court Case Addressing the Level of Educational Benefit that must be Provided under IDEA

by Shipman & Goodwin LLP on

On January 11, 2017, the Supreme Court heard oral argument in the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187, to address the level of benefit a schools must confer on...more

Michigan Legislature Repeals Preferential Hiring Requirement for Special Education Personnel

by Clark Hill PLC on

On January 3, 2017, Governor Snyder signed into law Public Act 429, which is to take immediate effect. This Act repeals a somewhat obscure provision of the Michigan Revised School Code. Section 1766, MCL 380.1766, required a...more

New Laws Expand Use of Opioid Antagonists to Schools for 2017-2018 School Year

by Clark Hill PLC on

In 2015, the Michigan Prescription Drug and Opioid Abuse Task Force was formed to develop a statewide action plan to address a growing public health problem in Michigan - overdose deaths. As opioid painkillers, such as...more

Tennessee Consortium Wins E-Rate Appeals Involving Complex Interpretations of the “Most Cost-Effective” and “Legally Binding...

by Davis Wright Tremaine LLP on

In an Order released December 30, 2016, the FCC’s Wireline Competition Bureau granted appeals of a 2015 USAC decision that denied E-rate funding to the Sweetwater consortium of Tennessee school districts for funding years...more

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