School Districts Students

News & Analysis as of

Appellate Court Determines that Student Handbook is not a Contract

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

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

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

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

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

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

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

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

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

U.S. Department of Education Issues Dear Colleague Letter on the ESSA

As we previously reported, on December 10, 2015, President Obama signed into law the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA” or “NCLB”). On December...more

School Districts Can Require Students to Complete Community Service Requirements as a Prerequisite to Graduation

The Illinois Appellate Court (Fourth District) recently held that school districts have the discretion to mandate completion of community service requirements as a prerequisite to graduation. In Earl v. Decatur Public...more

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

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