School Districts Students

News & Analysis as of

OSEP Issues Guidance Requiring IEPs to Be Aligned With Grade-Level Content Standards

Ever since New York State adopted the common core standards, there has been questions about how these standards would apply to students with disabilities. The response to these questions has been fairly consistent—disabled...more

Board Members’ Homework Assignment: Making Sure Your District’s Website Is Legally Compliant

With the start of a new school year, students are not the only ones who have homework. To the contrary, school board members and their respective districts’ central office administrators have their own assignment -- ensuring...more

Massachusetts Legislature Takes Action on Opioid Crisis

Amid a recent surge in opioid-related deaths in Massachusetts, with over 1,200 accidental deadly overdoses last year, the Senate passed legislation on Thursday, October 1, that is designed to fight the epidemic on various...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Family Educational Rights and Privacy Act (FERPA)

Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more

New Vaccine Requirement for Illinois Students Creates Confusion

Students, parents, and school districts should be mindful of new immunization requirements that go into effect for the 2015-16 school year. The changes include a requirement imposed by Public Act 98-0480 and related...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a...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

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

McKee v. Peoria Unified School District: Court of Appeals Reverses Judgment Against School District in Public Records Case

In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....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

Three Local School Districts Cancel Football Seasons Due to Hazing Allegations

Bullying is one of the fastest growing issues affecting schools across the country today. In the last month, three local high schools have taken a somewhat unprecedented approach in an effort to tackle problems of hazing in...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...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

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

Use Of Police Reports By School District In The Aftermath Of The Supreme Court’s Recent Ruling

Police reports are a practical tool for school districts in investigating (and countering) both student and employee misconduct. The Connecticut Supreme Court has resolved an intense debate about what law enforcement...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

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

Judge Strikes Down California Teacher Tenure Laws as Unconstitutional - Business-as-usual for school districts while ruling is...

California teacher tenure, firing and layoff laws violate the state constitution, a judge has ruled in a closely watched case that may have significant ramifications for school districts, education departments and lawmakers....more

Vergara v. California: Its Real Meaning

The media has missed the fact that Vergara is not primarily a case about tenure....more

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

Vergara v. State of California Exposes Constitutional Flaws In Public Teacher Tenure Laws

A Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to an education under the...more

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