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So You Want To Hire A New Superintendent: What Does The FOIA Permit (And Require)?

We are approaching a time of year where a board of education may have to deal with its long time and (hopefully) beloved superintendent deciding to retire or otherwise move on to another chapter in his or her life. Any...more

Latest Developments From The Connecticut General Assembly: February 22nd Public Hearing

On Friday, February 22, 2019, the General Assembly’s Education Committee will conduct a public hearing on numerous proposed bills. The hearing will take place at 11:00 A.M. in Room 2E of the Legislative Office Building. Of...more

UNDERSTANDING CONNECTICUT’S FOIA: Electronic participation by board members at meetings: When and how it can be “legal”?

A common problem for boards of education is getting enough members in attendance at a board meeting in order to have a quorum (usually, a majority of the board). There may be times when a board member wishes to participate...more

Latest Developments From The Connecticut General Assembly On Education Related Legislation (And A March 8th Public Hearing)

On Thursday, March 8, 2018, the General Assembly’s Education Committee will conduct a public hearing on the following proposed bills...more

The Latest On Alternative Educational Opportunities For Expelled Students: The Good, The Not So Good, The Unknown, And “Final”...

We have previously written in these pages about the development of “guidelines” or “standards” by the State Board of Education for the provision of educational opportunities for expelled students. Having had just a (teeny)...more

And who is going to pay for it? The State’s new draft guidelines for educating expelled students

In 2016, Connecticut’s General Assembly passed Public Act 16-147: AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE. This Act made several changes to school discipline laws which...more

Liability for field trips: Munn v. Hotchkiss and ticks, Costa v. Plainville and basketball, and are there really any new...

Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against...more

So You Need A New Board Member: Legal Concerns When Filling Vacancies

For better or worse, elected municipal officials (such as school board members) are sometimes unable to complete their term of office, and thus boards of education are faced with having to fill vacancies. Here is a brief...more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

Supreme Court Rules in Favor of School District in Building Project Referendum Challenge: Substance Trumps Form

School districts often find themselves in the precarious position of having to rely upon the outcome of a referendum for passage of a budget or building project while simultaneously having no control over the conduct of the...more

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

Common Core Redux: Is There a Solution To The “Opt Out” Debate?

Almost exactly a year ago, my colleagues Michael P. McKeon and Zachary D. Schurin penned a piece on this blog that explored the deceptively simple question of whether parents could “legally” opt their children out of the...more

When a Meeting is Not a Meeting, at Least According to the FOIC

Most public entities are now intimately familiar with the long reach of the Freedom of Information Act (“FOIA”) into the conduct of agency meetings. A recent case from the Freedom of Information Commission (“FOIC”) reminds...more

Alert: Policy Revisions Due to New Laws

This Alert is intended to give a general explanation of 2014 legislative enactments of the Connecticut General Assembly that may impact your board of education policies. For more detailed and individualized assistance with...more

Warning-Your E-mail Just Became a Meeting: Mauer v. Member, Board of Education, Regional School District No. 1 and The Dangers of...

Often times, I will warn school board members against the use of e-mail to conduct board business. My primary concern is that such e-mails could be deemed to constitute an illegal un-noticed/non-public meeting, in violation...more

The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board. In Toensing v. Chairman, All Boards Chairs Committee, Regional...more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

Bridgeport Board of Education v. NAEG, Local RI-200: What is the Appropriate Punishment for Actual and Perceived Threats in the...

We have all been emotionally touched by the tragedies in Columbine and Sandy Hook, not to mention workplace shootings such as those at Hartford Distributors and the Connecticut Lottery. In that context, employers (and...more

Impact of Legislation on BOE Policies

This Alert provides a general explanation of the recent legislative enactments that impact board of education policies. ...more

New State Law prohibits Use of “AlertNow” and Other Automated Notification Systems to Communicate the Date, Time and Location of...

As of July 1, 2013 Boards of Education will no longer be allowed to use their AlertNow, e-mail, texting or other automated notification systems to notify parents or guardians of the time, date and location of budget...more

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