News & Analysis as of

School Districts Public Schools

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

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

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

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

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

SCOTUS Service Dog Decision Could Spell Bad News For Schools

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

The Scope of the IDEA Statute: How Far Must Local School Districts Go In Providing A “Free And Appropriate” Public Education?

Say what you will about the Roberts Court, but you cannot say it does not confront diffi cult issues that impact the everyday lives of most Americans. One of those issues presently before the Court is public education,...more

A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education...

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is...more

Oral Argument Presented in Supreme Court Case Addressing the Level of Educational Benefit that must be Provided under IDEA

by Shipman & Goodwin LLP on

On January 11, 2017, the Supreme Court heard oral argument in the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187, to address the level of benefit a schools must confer on...more

Website Accessiblity - An Introduction to the Problem and Best Practices for Education Agencies and Schools

by Pessin Katz Law, P.A. on

Are you reading this article on a computer? I would venture to guess that you are. How did you access this page? Did you have to navigate through multiple web pages? While you were at it, were you surfing the internet,...more

Successful Implementation of Restorative Justice Practices

by Clark Hill PLC on

The passage of legislation mandating consideration of Restorative Justice in schools marks a movement away from "zero tolerance" by requiring schools to consider a number of mitigating factors or alternatives before...more

Michigan Court of Appeals Holds that Schools May Ban Firearms from School Property

by Clark Hill PLC on

In two published decisions, issued on December 16, 2016, the Michigan Court of Appeals has held that schools and school districts have the legal authority to forbid the possession of firearms on school premises. The...more

Appellate Court Determines that Student Handbook is not a Contract

by Franczek Radelet P.C. on

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

CAS Legal Mailbag Question of the Week – November, 2016 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: - I am an avid fan of free legal advice, and I read your Legal Mailbag column whenever it appears. You answered a question last week about an FOIA request concerning the written evaluations of a...more

National Anthem Protests: How Should Educational Institutions Respond?

by Fisher Phillips on

Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player...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

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

by Clark Hill PLC on

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

by Stinson Leonard Street on

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

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

by Tucker Arensberg, P.C. on

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

by Franczek Radelet P.C. on

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

Transgender Student Files First Discrimination Suit Against Wisconsin School District

by Ruder Ware on

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

Education Legislation Summary 2016

by Shipman & Goodwin LLP on

2016 SESSION - CONNECTICUT GENERAL ASSEMBLY - In its 2016 regular and special sessions, the General Assembly made a number of changes in the statutes that affect public education in Connecticut. This summary...more

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