The new Title IX regulations addressing sexual harassment in elementary and secondary schools went into effect August 14, 2020. These regulations prescribe the exact way that schools must now address sexual harassment of...more
10/8/2020
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
OCR ,
Regulatory Requirements ,
Reporting Requirements ,
School Districts ,
Sexual Harassment ,
Title IX
On September 8, 2020, the EEOC once again updated its guidance on the Americans with Disabilities Act (“ADA”) and the Coronavirus pandemic. EEOC Updated Guidance. The new document, through a question and answer format,...more
The U.S. DOL issued additional guidance on August 27, 2020 as to when employees may use paid Families First Coronavirus Response Act (“FFCRA”) leave to care for their children under different COVID-related school models. ...more
9/3/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Distance Learning ,
Educational Institutions ,
Families First Coronavirus Response Act (FFCRA) ,
Hybrid Plan ,
Infectious Diseases ,
Paid Sick Leave ,
Parental Responsibilities ,
Remote Learning ,
Sick Leave ,
Students
Hidden within the concerns surrounding reopening schools during a pandemic is the requirement that the new Title IX regulations go into effect on August 14, 2020. ...more
7/29/2020
/ Colleges ,
Educational Institutions ,
FERPA ,
Gender-Based Violence ,
IDEA ,
Policies and Procedures ,
Regulatory Requirements ,
School Districts ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
It is a familiar situation for most Title IX coordinators: a student reveals that he/she is being sexually harassed by someone but follows the declaration up with a plea that he/she just wanted someone to know but does not...more
The Federal District Court of Connecticut, in A.R. v. Connecticut State Board of Education, recently ruled that under the Individuals with Disabilities Education Act (“IDEA”) students in Connecticut have the right to special...more
As more and more businesses are opening back up under restrictions related to the COVID-19 pandemic, the EEOC has, yet again, weighed in to ensure that businesses do not discriminate against employees. ...more
The new Title IX regulations (the “Regulations”) proscribe very specific things that must occur whenever a formal complaint of sexual harassment is filed, whether against another student or a staff member. ...more
6/1/2020
/ Colleges ,
Complaint Procedures ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
As the country begins a phased reopening of businesses, federal, state, and local agencies continue to issue updated information about returning to work during the COVID-19 pandemic....more
The U.S. Department of Education has placed much emphasis lately on its concerns over sexual harassment occurring on college campuses and how colleges are investigating complaints and disciplining students accused of...more
5/29/2020
/ Child Abuse ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Mandatory Reporting Laws ,
Public Schools ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The U.S. Department of Education issued the first revision to its Title IX regulations in 45 years (the “Regulations”). The regulations go into effect August 14, 2020 and make sweeping changes in the way that elementary and...more
5/27/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Public Schools ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
Under Connecticut’s “Time’s Up Act,” all employers with three or more employees must provide a minimum of two hours of sexual harassment prevention training to all employees prior to October 1, 2020, or within six months of...more
As the country starts discussing the possibility of businesses reopening, the EEOC has, again, updated its guidance on COVID-19 and the Americans with Disabilities Act (“ADA”.) This third installment focuses heavily on...more
The EEOC has, yet again, revised its guidance on the ADA and the Coronavirus in the workplace. In an expanded Q&A, the EEOC provides further guidance designed to protect employees’ medical information and prevent...more
The U.S. Department of Education Student Privacy Policy Office recently provided more in-depth information regarding FERPA and virtual education in light of COVID-19 through a webinar. Much of what they discussed has already...more
Despite the protestations of some teachers and their unions, there is nothing illegal about directly teaching students through videoconferencing. This neither violates the Family Educational Rights and Privacy Act (FERPA)...more
Employers with fewer than 500 employees (“Eligible Employers”) are required to provide paid leave for employees on leave due to (1) their own COVID-19 related health needs...more
3/26/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
IRS ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Governors in many states, including Connecticut and New York, have issued Executive Orders that will result in non-essential businesses closing – or relying exclusively on employees working from home – for a period of time. ...more
The U.S. Department of Education Office of Civil Rights (“OCR”) issued a fact sheet today entitled “Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students.” The fact sheet addresses various...more
The Governor has now issued Executive Orders closing down restaurants, gyms and theaters through April 30. Gatherings are limited to those under 50 people, and President Trump suggested gatherings should be no greater than...more
3/20/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Crisis Management ,
Distance Learning ,
Educational Institutions ,
Executive Orders ,
Flexible Work Arrangements ,
Public Health ,
School Closures ,
Special Education ,
Students
No doubt many businesses employ individuals who have disabilities that increase their risks arising from contracting COVID-19. Some of these risk factors include chronic lung disorders such as asthma and COPD, autoimmune...more
As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Public Health ,
School Districts ,
Section 504 ,
Special Education ,
Students
Connecticut law [C.G.S. §17a-106h] requires that “persons employed by a local or regional board of education … who have contact with students” receive mandatory training on prompt identification and reporting of suspected...more
In two cases this month, the Federal Court of Appeals for the Second Circuit has opined that a college may be found liable for sex discrimination when it acts on allegedly false accusations of sexual impropriety made by...more
With respect to FERPA and its requirements regarding the disclosure of student records and personally identifiable student information, there are different rules in place for “school security” officials that are based upon...more