News & Analysis as of

SDNY Dismisses False Claims Act Complaint, Finding Relators Misconstrued Medicaid Program Legal Framework

A False Claims Act case against the New York City Department of Education (NYCDOE) was dismissed on March 25, the district court holding that Medicaid providers (such as school districts that provide health services) cannot...more

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such...more

Look Out For Upcoming Spring Deadlines For School Districts

Spring brings a host of deadlines school districts should keep in mind. Here are some important dates for school leaders to mark on their calendars....more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

Illinois Supreme Court Upholds Dismissal Of School District’s Claim Against Its Architect

The Illinois Supreme Court recently issued a decision in Gillespie Community Unit School District No. 7 v. Wight & Company that upholds the dismissal of the District’s claim of fraudulent misrepresentation against its...more

Court Upholds School District’s Transfer Of Money From Working Cash Fund

The Illinois Appellate Court recently upheld a lower court’s decision to strike down challenges to a school district’s use of its working cash fund. This case builds upon a recent amendment to the Working Cash Fund Article of...more

Brown Act Amendment Now Requires Recordation of Actions Taken During Open Sessions

Senate Bill 751 amends Government Code section 54953 to require the legislative body of a local agency to publicly report any action taken and the vote or abstention on that action of each member present for the action. This...more

Encinitas Contemplates Eminent Domain for School District Property

It's not too often you see one government agency threaten another agency with eminent domain. But it does happen. A recent article by Barbara Henry in the U-T San Diego, Encinitas has few options on Pacific View site,...more

No Immunity for School Counselor Who Disclosed Report on Suspected Child Abuse to Unauthorized Person

A mother sued a school counselor and a school district after the counselor gave a copy of a suspected child abuse report (“SCAR”) which indicated the mother abused their children, to the noncustodial father. A trial court...more

Education Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible...

Pursuant to a request for a state law decision from the Ninth Circuit Court of Appeals, the California Supreme Court has interpreted Education Code section 56041 to say that the district of the parents' residence is...more

2013 Legislative Update: Summary Of Changes In School Law

In This Issue: - ADMINISTRATION ..Hazing ..Firearm Concealed Carry Act ..School Safety Drills ..Medical Insurance for Interscholastic Athletes ..Insurance ..Duties of a Principal ...more

Ninth Circuit Says Schools May Discipline Students Whose Off-Campus Speech Threaten Classmates

Ruling Strengthens Ability of School Districts to Suspend and Expel Students to Protect Students and Staff - Recognizing the increasing difficulties school administrators face in evaluating potential threats of...more

California Assembly Bill 1266

Since the Governor signed AB 1266, school districts and other education agencies have been inundated with questions from the media, parents, and students about what the new law means to the schools. This Legal Alert is...more

Mixed Results in California Student Performance on State Standardized Testing

Last week the California Department of Education ("CDE") issued a news release announcing the results of the California High School Exit Exam ("CAHSEE") and the Standardized Testing and Reporting ("STAR")....more

Update on Recent Education Legislation: Obscene Matters Depicting Minors, Financial Literacy Instruction, Surplus Property to...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws are effective January 1, 2014, unless otherwise stated....more

Student Success Act

In 2002, George W. Bush signed into law the No Child Left Behind Act (“NCLBA”). Once considered a revolutionary piece of legislation, its “one size fits all” standardization has proven to be an impossible undertaking for some...more

School District Cannot Levy Fee on Preexisting Development Where No Increase in Student Generation is Shown

The owner of an apartment complex challenged a school district’s imposition of school impact fees that were based on the entire square footage of the owner’s new, larger apartment complex built after the demolition of an...more

By The Book - August 2013: New York Public School Districts Not Subject to Division of Human Rights Jurisdiction

The New York State Court of Appeals held in North Syracuse Central School District v. New York State Division of Human Rights, 19 N.Y.3d 481, 488 (2012) that a public school district is not an “education corporation or...more

Legislature Extends Requirement to Offer Surplus Facilities to Charter Schools

A law requiring school districts to offer surplus property to charter schools, which was set to expire at the end of June, has been extended until July 1, 2016....more

UPDATE: School District’s Share Of Diverted ERAF Revenue Must Be Included When Calculating Its Property Allocation Base

A superior court required a county to include in its calculation of a school district’s property tax allocation base the property tax revenue that the school district actually received from local Educational Revenue...more

OCR Decision Reminds School Districts To Conduct Prompt, Thorough Investigation Of Student Sexual Harassment And Violence Claims

Mlive.com and the NSBA Legal Clips recently reported that a Michigan School entered into an agreement with the Department of Education Office for Civil Rights (“OCR”) to resolve allegations that the district failed to...more

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

The Fourth District Court of Appeal recently upheld a challenge to a school district’s spending voter-approved bond proceeds for field lighting at a high school stadium because the ballot proposition did not specifically list...more

Alabama Legislative Update – Week 3: Alabama Trust Fund Repayment Bill Passes

The sixth and seventh legislative days of the Alabama Legislature's Regular Session saw the first bill passed by both houses and on its way to Governor Robert Bentley for his signature. As week three closed, priority...more

Public Works Employment Verification Act Impacts Certain Projects Awarded by State and Local Governments in 2013

Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works...more

Department of Finance Releases Local Control Funding Formula

The Department of Finance released a long-awaited table today that shows how each K-12 District fares in Governor Jerry Brown’s new plan, aptly labeled Local Control Funding Formula, to direct more money to schools with...more

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