News & Analysis as of

School Districts Students

Transgender Rights – Where Does Pennsylvania Fit In?

by Fisher Phillips on

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Pullman & Comley 2017 “interim” legislative summary for schools

The Connecticut General Assembly enacted a number of laws during its 2017 regular session that will impact Connecticut schools. Among other things, bills have been enacted that: (1) “repeal and replace” last year’s radical...more

Are You Ready for August 1st?

by Clark Hill PLC on

The 2017/2018 school year is fast approaching and so are two very important deadlines. By August 1, 2017, school districts, intermediate school districts and public school academies are required to have policies in place...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting Schools

The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene...more

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

by Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...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

Latest Legal Developments On Student Searches

by Tucker Arensberg, P.C. on

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

Title IX Update - March 2017

by Nexsen Pruet, PLLC on

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...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

How Are You Handling Parents Who Might Not Speak English?

by Barley Snyder on

A recent Philadelphia court decision is a welcome reminder for Barley Snyder client school districts to know what is required of them when it comes to dealing with families where the parents or guardians of a student do not...more

They’re Back! What Can Schools Expect from the 2017 General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 7, 2017. One can assume that a plethora of proposed bills affecting Connecticut school districts will be...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

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

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

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

Student Residency Hearing Revisions to the Illinois School Code Effective January 1, 2017

by Franczek Radelet P.C. on

Effective January 1, 2017, the process by which school districts in Illinois may dispute student residency will fundamentally change. Public Act 99-0670 (HB 4606) was signed by Governor Rauner on July 29, 2016, amending...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

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

by Tucker Arensberg, P.C. on

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

by Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

School Restriction on Decorating Graduation Cap Upheld

by Shipman & Goodwin LLP on

It is graduation season and issues concerning graduation conduct and dress come to the forefront during this time of the year. A recent decision by the United States District Court for the Northern District of Oklahoma...more

CAS Legal Mailbag Question of the Week – May 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It happens every time. One of my fourth grade teachers sent permission slips home with the children a week ago, but she realized the day of the field trip to the dairy farm that one of the parents had...more

The Governance – Achievement Link

by Shipman & Goodwin LLP on

Barely a week goes by without the reporting of our ongoing and seemingly endless national debate about public education and the quality of our nations’ schools. This debate typically invokes such topics as testing,...more

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