News & Analysis as of

Students

When Can a School Search a Student’s Bag?

by Reminger Co., LPA on

Last week the Ohio Supreme Court unanimously ruled that a school’s intrusive search of an unattended bag did not violate a student’s 4th Amendment right to be free from illegal search and seizures because the examination of...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

by Baker Ober Health Law on

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

Special Education TIP – 5-Day Rule: MSDE Provides a New Interpretation – 49-2017

by Pessin Katz Law, P.A. on

5-Day Rule: MSDE Provides a New Interpretation - Section 8-405 of the Education Article provides that except when there are extenuating circumstances, at least 5 business days before an IEP team meeting, the school...more

Special Education Tip – Say It Ain’t True – 49-2017

by Pessin Katz Law, P.A. on

Do you have relatives or friends who have favorite stories they tell over and over, embellishing the stories over the years until the stories barely resemble the originals? You smile and nod as they do this, as you are...more

Special Education Tip – Missing in Action-Violation of the Compulsory Attendance Law – 48-2017

by Pessin Katz Law, P.A. on

Missing in Action-Violation of the Compulsory Attendance Law - Maryland has a compulsory attendance law, found at Section 7-301 of the Education Article of the Annotated Code of Maryland. Every Maryland school system has...more

Special Education Tip – Private Psychological or Medical Reports – 47-2017

by Pessin Katz Law, P.A. on

When You Receive the Private Psychological or Medical Reports, What Should You Be Asking? The private psychological and medical reports regularly show up in IEP team meetings, filled with inaccurate authoritative...more

Avoid Delays in Responding to Behavioral Concerns in Education

by Barley Snyder on

A recent federal court decision serves as an important reminder to local education agencies (LEAs) about flexibility and the need to deviate from customary practice when students exhibit significant behavioral issues....more

What are the costs of traumatic brain injury (TBI)?

The public often expresses outrage at high-dollar verdicts when they reach the six- and seven-figure level. This is understandable in court cases, since only the jury hears all the evidence in a given case and the public is...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

Blog: State Authorization and Licensing: Recent Developments and Trends to Watch

by Cooley LLP on

State authorization requirements, particularly for online education programs, remain in flux even as more states join the state reciprocity compact, known as SARA, which applies to accredited institutions. There are...more

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

by Franczek Radelet P.C. on

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more

Fair Use is Not Always Fair

Photographer TC Reiner sued Watkins Institute and its student Ryon Nishimori for copyright infringement when Nishimori incorporated one of Reiner’s copyrighted photographs into a mock advertisement for a classroom assignment...more

Special Education Tip - Requests to Amend Student Records-Requests Your Mother Would Never Make - 45-2017

by Pessin Katz Law, P.A. on

The helicopter parenting continues. Schools are encountering more instances of parents trying to change their children’s grades and other records. A recent decision of the Family Policy Compliance Office (known since January...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

Special Education Tip - No Good Deed Goes Unpunished - 46-2017

by Pessin Katz Law, P.A. on

School staff oftentimes find themselves in a quandary when they overlook student misbehaviors as the misbehaviors are the result of the disability. Eventually, there comes a time when it becomes evident that no matter how...more

1.3 Million K-12 Students’ Data Potentially Exposed

We often comment how no industry is immune from data breaches. That would include educational institutions and their vendors, as this story reminds us....more

Special Education Tip - What Do You Do with the Private Assessment Report? - 44-2017

by Pessin Katz Law, P.A. on

What Do You Do with the Private Assessment Report? Whenever you receive a private assessment, it must be reviewed, discussed, and considered by the IEP or 504 team. As soon as you receive it, write the date of receipt on...more

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

by Cooley LLP on

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to...more

Blog: Avoiding Common Legal Issues at Coding Schools: Data Privacy and Security

by Cooley LLP on

The second post in the series on common legal and regulatory pitfalls that alternative education providers must proactively avoid focuses on data privacy and security. Learn more about student data privacy and best practices...more

Special Education Tip – Data Data Data – 41-2017

by Pessin Katz Law, P.A. on

Education is data driven. No area is more data driven than special education. Principals, Assistant Principals, and Supervisors: Make sure you are doing the following...more

Blog: New Department of Education Accreditation Database: A Promising Start, But Clearly a Work in Progress

by Cooley LLP on

The Department of Education (ED) has launched a new online database intended to provide current and prospective students, as well as the broader community, with current information on the accreditation status of institutions...more

Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad...

by Murtha Cullina on

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

CAS Legal Mailbag Question of the Week – April, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening...more

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