News & Analysis as of

CDC Issues Guidance on School Ebola Risk Assessment and Response

Many will recall the recent incident where a Connecticut school district barred a student, who had recently returned from Lagos, Nigeria, from school for twenty-one days due to Ebola concerns. While the propriety of the...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills in 2014, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills this year, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

The Whole Is the Sum of Its Parts: Illinois Supreme Court Upholds Service in Bettis

According to the Election Code, anyone wishing to get judicial review of a decision of an electoral board must “serve a copy of the petition upon the electoral board and other parties to the proceeding . . .”...more

Whistleblower Takes Next Step in Lawsuit Against Philadelphia School District

Four years ago, Francis X. Dougherty was fired after revealing the existence of a $7.5 million no-bid security camera contract within the Philadelphia School District. Now, he has won a major victory in his whistleblower...more

Murphy School District No. 21 to Pay $138,000 to Settle EEOC Age Discrimination Lawsuit

Federal Agency Says School Used Retirement Plans That Were Facially Discriminatory - PHOENIX -- Murphy School District No. 21 used an early retirement incentive plan which granted greater economic benefits to employees...more

Child Abuse and Neglect Mandated Reporter Training Will Be Mandatory Starting January 1, 2015

Effective January 1, 2015, AB 1432 requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to provide annual...more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

Let’s Go To The Videotape: Can School Security Videos Be Subject To Disclosure Under FOIA?

School districts usually deny requests to view school video recordings, such as security tapes, in light of concerns about the privacy rights of students featured on these recordings. In a recent decision, the Freedom of...more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity...more

How to Respond to FOIA Requests For Overall Teacher Summative Ratings?

It has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level summative ratings of all...more

Policy Revisions Due to New Laws

This Alert is intended to give a general explanation of 2014 legislative enactments of the Connecticut General Assembly that may impact your board of education policies. For more detailed and individualized assistance with...more

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely,...more

Cutting the BS(A): California's Prop 2 Re the Budget Stabilization Account

In our second blog examining the propositions we'll be seeing on the election ballot November 4th, we'll take a look at California's Proposition 2, or the Rainy Day Budget Stabilization Fund Act (formerly known as Proposition...more

Summary Of 2014 Connecticut Legislative Enactments Affecting The Public Schools And Public-Sector Employers

The Connecticut General Assembly enacted a number of changes in its 2014 session. The following summary provides an overview of the legislative enactments that have had, or will have an impact on Connecticut schools and...more

Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

Much of land use law involves questions over the breadth of local government powers. Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or,...more

Residency and “Illegal Alien Status” Are Not Mutually Exclusive for School Accommodations: A Friendly Reminder From Washington...

It is worth remembering that when determining if someone is a resident of your school district, the fact that someone may not actually be a legal resident of this nation is irrelevant. In order to underscore this fact, the...more

California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and...more

Proposed FERPA Update Would Strengthen Student Data Privacy

On July 30, 2014, two U.S. senators introduced the Protecting Student Privacy Act, which would update the sections of the Family Educational Rights and Privacy Act (FERPA) that deal with protecting the privacy of students'...more

U.S. Department of Education Issues New Guidelines On Collecting Student Data

This past July, the U.S. Department of Education released the Transparency Best Practices for Schools and Districts, a new set of guidelines created to improve relations between school districts and parents surrounding school...more

This Year, Schools Face Increased Obligations for Addressing Bullying

Two new laws require school districts and charter schools to reconsider their approach to bullying. The first new bullying law requires school boards and charter schools to make extensive revisions to their bullying policies....more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

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