News & Analysis as of

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

School Districts: New York Supreme Court Holds That Public School District May Be Liable For Alleged Bullying Of Private School...

On May 14, 2014, in J.G.S. v. Bellmore-Merrick Central High School District, the New York State Supreme Court in Nassau County held that the parents of a minor student could proceed with their lawsuit against the school...more

Kentucky Enacts Data Breach Notification Statute

On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation. Prior to H.B. 232, Kentucky was one of only four states—including...more

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

Students in Foster Care Benefit from Urgency Legislation - Effective Immediately, AB 216 Modifies Graduation Requirements and...

Governor Jerry Brown this week signed into law Assembly Bill 216, an urgency measure designed to further define the standards and procedures for exempting pupils in foster care from local graduation requirements. The new law...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

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

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

New OCR Guidance Lays Out School District Responsibilities To Serve Students With Disabilities In Athletics

On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

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