News & Analysis as of

School Districts

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

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

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Spring is in the air and I am spending the majority of my days at the various PPT and 504 meetings that have come on like a seasonal allergy. But to make matters worse, this is the season when parents...more

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

by Tucker Arensberg, P.C. on

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the...more

Commonwealth Court Orders Teacher Reinstated When The School Board Fails To Strictly Comply With Statutory Procedures For...

by Tucker Arensberg, P.C. on

Vladimirsky v. School District of Philadelphia, 144 A.3d 986 (Pa. Commw. Ct. 2016). The Commonwealth Court held that a tenured teacher has a constitutionally protected interest in his (or her) employment and can only be...more

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

by Shipman & Goodwin LLP on

Dear Legal Mailbag: When I signed up to be an administrator, I never realized what expansive rights nosy people have under the Freedom of Information Act. I understand that the public has the right to know certain things,...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

MEA's 30 Day Window for Opt-Out Violates PERA

by Clark Hill PLC on

On May 2, 2017, the Michigan Court of Appeals affirmed a unanimous ruling by the Michigan Employment Relations Commission ("MERC") that the Michigan Education Association ("MEA") committed an unfair labor practice and...more

Latest Developments from the Connecticut General Assembly: The Education Committee Has Spoken - May 2017

We had written earlier about the proposed bills that the General Assembly’s Education Committee voted favorably on and advanced out of committee at its March 8, 2017 meeting. The Committee subsequently voted favorably on a...more

Choices

by Baker Donelson on

I live in Atlanta, Georgia, the crown jewel of the Southeast. Along with its benefits, we enjoy dense traffic, inconsistent sports teams and challenged public schools. I mention the latter as my wife and I have sent both of...more

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

Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation...

by Downey Brand LLP on

In a reversal of a lower court decision, the Third District Court of Appeal has held that the California Constitution’s provisions related to Proposition 218 override a statutory exemption that a school district argued...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

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