School Districts

News & Analysis as of

Sustainable Development Update - September 2016 #3

Sustainable Development Focus - California school district to save millions - Solar Industry Magazine - Sep 29 - The Colton Joint Unified School District (CJUSD) in California and SunPower Corp. have announced...more

Privacy Tip #54 – Keep Student Data Safe

In the past few years, we have seen the explosion of “big data,” “data analytics,” “data aggregation,” “predictive modeling,” and “data breaches.” None of these terms existed when I graduated from law school. We have...more

Lease-Leaseback Legislation Signed Into Law

California School District Construction Projects Will be Impacted - The lease-leaseback construction delivery method for K-12 school facilities projects changed under a new law signed Friday by Gov. Jerry Brown....more

Construction Update: What Every School District Should Have On Its Radar Screen!

By now you may have read in the newspaper or heard through the grapevine that one of our Michigan public school districts was forced to shut down several of its elementary schools following a State Fire Marshal's order, for...more

New York Court Finds Schools Not Constitutionally Underfunded

On September 19, 2016, an Albany, New York trial court in Maisto v. New York rejected plaintiffs’ claims that the state was constitutionally underfunding eight small-city school districts. Stinson Leonard Street attorneys...more

Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not...

The Second Circuit held that the parents failed to establish their claim “[b]ecause, as a matter of law, an IDEA disability does not necessarily constitute a disability under the ADA for Section 504.” Id. The court...more

Environmental and Energy and School Districts: Testing Water for Lead Contamination Now Mandatory for New York State Schools –...

On September 6, 2016, Governor Andrew Cuomo signed legislation (S.8158/A.10740) that now requires every school district and board of cooperative educational services (collectively referred to as "school districts" or...more

No Recess - The Importance of Post-Issuance Compliance Policies and Procedures for New York State School Districts

Tax-exempt bonds and notes, the interest on which is exempt from federal income taxation, are routinely issued by school districts across New York State to finance a wide variety of capital projects and to refinance existing...more

Get Ready for the Changing Landscape of Expulsions

The legislature, this year, put in place significant changes relative to the expulsion of students which will supposedly go into effect on August 15, 2017. Assuming that the legislature leaves intact these changes during the...more

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating...more

Zoning Law Applicable to School Districts Signed into Law

On August 25, 2016, Governor Rauner signed into law Public Act 99-890, which is the result of an effort by the education community to temper the effect of the recent Supreme Court decision in Gurba v. Community High School...more

Teacher Retirement Board Issues Revised Guidelines for the Reemployment of Retired Teachers

On June 29, 2016, the Teacher Retirement Board (“TRB”) issued new guidance concerning the reemployment of retired teachers. One of the new and significant guidelines for post-retirement employment concerned the application of...more

Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may...more

Is it the End of Lease-Leasebacks as We Know it?

TEOTWAWKI. The end of the world as we know it. For K-12 school construction contractors it could well be. Although their acronym would likely be TEOLLAWKI. The end of lease-leasebacks as we know it....more

FCC Proposes to Fine E-Rate Telecom Provider $106,425 for Violation of E-Rate Lowest Corresponding Price Rule

A recent Notice of Apparent Liability ("NAL") issued by the Enforcement Bureau ("Bureau") of the Federal Communications Commission ("FCC" or "Commission") proposing to fine AT&T $106,425, highlights the need for service...more

Inside the FCC’s First Enforcement Action For Violation of the E-rate Program’s Lowest Corresponding Price Requirement

Late last month, the Federal Communications Commission (“FCC” or “Commission”) released its first enforcement action predicated on the “Lowest Corresponding Price” requirement of its E-rate rules. The LCP rules require a...more

Effective July 1, 2016, School Districts Subject to New Requirements for Employee Background Checks

Previously, Conn. Gen. Stat. § 10-222c merely required school districts to make a documented good faith effort to contact previous employers of applicants to obtain “information and recommendations which may be relevant to...more

Student Residency Hearing Revisions to the Illinois School Code Effective January 1, 2017

Effective January 1, 2017, the process by which school districts in Illinois may dispute student residency will fundamentally change. Public Act 99-0670 (HB 4606) was signed by Governor Rauner on July 29, 2016, amending...more

FCC Proposes Fine for Alleged Violation of E-rate Lowest Corresponding Price Rule

On July 27, the FCC proposed a penalty of $106,425 against AT&T for allegedly violating its “lowest corresponding price” (“LCP”) rule, which requires that E-rate service providers offer their services to participating schools...more

Missouri Supreme Court Allows Unsuccessful Contract Bidders to Sue Public Agencies

A recent Missouri Supreme Court decision changes the landscape of public contracting in the state by allowing unsuccessful contract bidders to sue public agencies for denying them a fair and equal opportunity to compete. The...more

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

Foliage, Frost, Frozen Ponds and The FOIA (Part Three): Trying To Do The Right Thing Is A Good Thing Under The FOIA

In our latest posting on the Freedom of Information Act [“FOIA”], we confirm that the Freedom of Information Commission [“FOIC”] has a heart, and may sometimes forgive technical non-compliance by public agencies and their...more

Property Tax and Valuation Topics: Summer 2016

Interim “Watch Tower” Revaluation After High Sale Upheld - The last citywide revaluation conducted by Milford was as of October 1, 2011. On that date, the residential property at 19 Beach Avenue was valued by the...more

See You In Court! - July/August 2016

Out of the blue, Nancy Newshound, longtime reporter for the Nutmeg Bugle called Mr. Superintendent. “I understand that a student hacked the district’s system and changed a bunch of grades,” she stated. “What can you tell me...more

Municipal Advisor, School Consultant, and Associated Individuals Enter Settlement Offers with SEC after First-of-Its-Kind...

On June 13, 2016, the Securities and Exchange Commission (SEC) accepted the settlement offers made by two firms and three executives charged with using deceptive business practices in dealing with five school districts. As...more

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