School Districts Public Schools

News & Analysis as of

Michigan Governor Signs Early Warning Legislation for Financially Distressed School Districts with Immediate Effect

On July 7, Michigan Governor Snyder signed into law a package of bills, all with immediate effect and most with a tie bar to at least one of the other bills in the package, creating an early warning system to identify the...more

Legislature Passes Early Warning Bills for Financially Distressed School Districts

The Michigan Legislature recently passed a package of bills to create an early warning system to identify the potential for financial distress in local school districts, intermediate school districts (ISDs) and public school...more

U.S. Department of Education Weighs in Against an Oregon Bill which would Make it Easier for Students to Opt Out of Testing

The question of the ability of students to “opt out” of mandated standardized testing is one that occupied many school districts during Connecticut’s most recent round of statewide testing. The U.S. Department of Education...more

Two Recent Decisions Provide Guidance on How School Districts Should Respond to Allegations of Sexual Assault

Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of...more

Significant Changes to Law Concerning Physical Restraint and Seclusion in Schools Anticipated to be Effective July 1, 2015

The Legislature has passed Public Act No. 15-141: An Act Concerning Seclusion and Restraint in Schools(the “Act”), which makes significant changes to the law and regulations governing physical restraint and seclusion in...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...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

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

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

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

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

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

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

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data

High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more

Measles Outbreak in Illinois

The current measles cluster in the Chicago area has school districts on heightened alert. Following is a short summary of preventative steps and guidance issued by the Illinois Department of Public Health. This alert is...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

Illinois Supreme Court Will Review “Bleacher” Case

Last September in this Alert, we discussed an opinion in which the Second District Appellate Court ruled that Community High School District 155 was subject to the zoning regulations of the City of Crystal Lake, a home rule...more

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