News & Analysis as of

School Districts Students

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

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

by Franczek Radelet P.C. on

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

by Franczek Radelet P.C. on

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

by Franczek Radelet P.C. on

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

by Hodgson Russ LLP on

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

by Pullman & Comley, LLC on

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

by Mintz Levin on

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?

by Tucker Arensberg, P.C. on

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

by Franczek Radelet P.C. on

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

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