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Second Circuit Holds Endrew F. Did Not Heighten FAPE Standard in Second Circuit; Rejects Parents' Procedural Claims and Request...

On March 23, 2018, the U.S. Court of Appeals for the Second Circuit issued an important precedential opinion in Mr. P. & Mrs. P. v. West Hartford Board of Education, 885 F.3d 735, (2d Cir. 2018). In its decision, the Second...more

SDE Issues New Guidelines for IEEs and In-School Observations

On March 27, 2018, the Connecticut State Department of Education (SDE) issued the long-awaited and much-anticipated Guidelines Regarding Independent Educational Evaluations at Public Expense and In-School Observations. These...more

The End of a Long Road: The Connecticut Supreme Court Dismisses the Appeal of the CCJEF Plaintiffs

Because we conclude that the trial court was correct in its initial determination that the plaintiffs failed to establish that the state’s educational offerings are not minimally adequate under article eighth, § 1, and in its...more

CAS Legal Mailbag Question of the Week - October, 2017 #4

Dear Legal Mailbag: A few weeks ago, I received a phone call from an outside therapist who is seeing one of my students who refuses to come to school. I did not have a release to speak to this individual but, without...more

Statutory Changes to Athletic Trainer Laws: What’s New?

Earlier this summer, the Connecticut General Assembly passed Public Act No. 17-195, An Act Concerning Athletic Trainers (the “Act”), which amended the statute governing the professional requirements surrounding athletic...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

New Legislation Revises Physical Restraint and Seclusion Training Requirements

Earlier this month, the Governor signed Public Act 17-220 (House Bill 7276), which contains a number of provisions aimed at providing “mandate relief” to boards of education. Section 5 of Public Act 17-220, effective July 1,...more

Legislature Revises Physical Restraint and Seclusion Training Requirements

Earlier this month, the General Assembly passed House Bill 7276, now Public Act 17-220, which contains a number of provisions aimed at providing “mandate relief” to boards of education. Section 5 of Public Act 17-220,...more

CAS Legal Mailbag Question of the Week – June, 2017

Originally published in CAS Weekly Newsletter - June 12, 2017. Dear Legal Mailbag: The typical public school nurse today most likely works with several students with severe and/or life threatening conditions that often...more

Supreme Court Clarifies FAPE Standard in Endrew F. Case

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate...more

Supreme Court Remands Transgender Rights Case to Lower Court

Over the past year, the U.S. Department of Education’s directives concerning the rights of transgender students under Title IX have changed course, muddying the collective understanding of how federal agencies interpret Title...more

U.S. Departments of Justice and Education Withdraw Federal Transgender Student Guidance

On February 22, 2017, the U.S. Departments of Justice and Education withdrew guidance for educational institutions, issued in 2015 and 2016, that took the position that the prohibitions in Title IX of the Education Amendments...more

Supreme Court Rules That Parents Need Not Exhaust IDEA Due Process Procedures for Non-FAPE Disability Discrimination Claims

On February 22, 2017, the Supreme Court of the United States issued its opinion in Fry v. Napoleon Community Schools, No. 15-487 (2017), which addressed the issue of when a parent who brings a claim against a school district...more

U.S. Department of Education Changes Name of Office Responsible for FERPA

On January 19, 2017, the U.S. Department of Education issued new Family Educational Rights and Privacy Act (“FERPA”) regulations that change the name of office that administers and enforces FERPA from the Family Policy...more

OCR Releases New Section 504 Resource Guide

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and...more

Oral Argument Presented in Supreme Court Case Addressing the Level of Educational Benefit that must be Provided under IDEA

On January 11, 2017, the Supreme Court heard oral argument in the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187, to address the level of benefit a schools must confer on...more

United States Supreme Court to Hear Case Concerning Transgender Student Rights under Title IX

Amid a national background of litigation concerning the U.S. Department of Education’s directives involving the rights of transgender students, on October 28, 2016, the Supreme Court of the United States granted certiorari to...more

Supreme Court to Revisit Rowley IDEA FAPE Standard for First Time in Nearly 35 Years

On September 29, 2016, the Supreme Court of the United States agreed to hear the case of Endrew F. ex rel. Joseph F. v. Douglas County School District RE 1, Docket No. 15-187 to decide the question “What is the level of...more

New Title II and Title III ADA Regulations Take Effect October 11, 2016

On October 11, 2016, new regulations clarifying the definition of the term “disability” under Titles II and III of the Americans with Disabilities Act (ADA) will take effect. Title II prohibits disability discrimination by...more

10/5/2016  /  ADA , Disability , Popular , Title II , Title III

Second Circuit Holds IDEA Eligibility Does Not Automatically Result in Section 504/ADA Eligibility; Practical Implications Are Not...

The Second Circuit held that the parents failed to establish their claim “[b]ecause, as a matter of law, an IDEA disability does not necessarily constitute a disability under the ADA for Section 504.” Id. The court...more

Superior Court Judge Rules Connecticut Education System Unconstitutional

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut...more

OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline

The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring the importance of positive behavioral...more

Effective July 1, 2016, School Districts Subject to New Requirements for Employee Background Checks

Previously, Conn. Gen. Stat. § 10-222c merely required school districts to make a documented good faith effort to contact previous employers of applicants to obtain “information and recommendations which may be relevant to...more

Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the...more

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

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