News & Analysis as of

State Education Departments

Ogletree, Deakins, Nash, Smoak & Stewart,...

Five-Star High School Football Player Sues North Carolina State Board of Education Over NIL Prohibitions

Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in...more

Cozen O'Connor

New York Note – Corporation Counsel Hearing, Comptroller Race

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Last Tuesday, New York City Council held a hearing for the nomination of Randy Mastro to Corporation Counsel. Mayor Adams nominated Mastro to the position, and he must be confirmed by the Council in order to serve as the...more

Haight Brown & Bonesteel LLP

Haight Partner Greg Rolen Testifies About SB 907 Before the California State Assembly

Haight Partner Greg Rolen who is general counsel for the Orange County Board of Education recently testified before the California State Assembly Education Committee on the disruptive nature of Senate Bill 907 which...more

Wilson Sonsini Goodrich & Rosati

Time to Hit the Books for Student Privacy Compliance: College Board Agrees to Pay $750K for N.Y. Student Privacy Violations

On February 13, 2024, the New York Attorney General Letitia James and New York State Education Department (NYSED) Commissioner Betty A. Rosa announced a settlement with College Board to resolve allegations that College Board...more

Parker Poe Adams & Bernstein LLP

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

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The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Bond Schoeneck & King PLLC

Instructional Time for Suspended Students

On Oct. 10, 2023, the New York State Education Department’s Office of Counsel issued Formal Opinion No. 243 (the Opinion), stating that alternative instruction for suspended students must equal the number of hours recently...more

Manatt, Phelps & Phillips, LLP

CMS Issues Guidance on Medicaid and CHIP Services in School-Based Settings

On May 18, 2023, the CMS, in consultation with the DOE, released new guidance to support state Medicaid and Children’s Health Insurance Program (CHIP) agencies (SMAs), state education agencies (SEAs), and local education...more

Bond Schoeneck & King PLLC

Education Law §2-d Compliance Update and Reminders

On July 19, 2023, the New York State Education Department (NYSED) issued a memo indicating its Privacy Office will begin monitoring educational agencies’ websites for compliance with New York State Education Law §2-d and the...more

Tucker Arensberg, P.C.

State Secretary of Education Allows Deduction of Federal Expenditures, PreKindergarten and Certain Block-Grant Expenditures from...

Under the Pennsylvania Public School Code, a school district is to pay a charter school for students lawfully enrolled in the charter school who are residents of the school district. If the school district, however, fails to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts CROWN Act Goes Into Effect on October 24, 2022

​​​​​​​On July 26, 2022, Governor Charlie Baker signed into law “An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles,” popularly known as the Massachusetts CROWN Act. The effective date of the new law...more

Bricker Graydon LLP

ESSER III: Funding school construction

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The original version of this article was published in June, 2021. It has been updated based on experiences over the past year. By now, you are likely aware that the federal government has issued three rounds of relief...more

Fox Rothschild LLP

Revisions to the Pennsylvania School Code: What You Need to Know

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Pennsylvania Gov. Tom Wolf has signed into law several changes to the Pennsylvania School Code. Here are some highlights from Act 55 of 2022, and the impact it will have on school entities in the Commonwealth....more

Bricker Graydon LLP

New transportation monitoring system for school districts may lead to significant penalties

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A surge in bus driver staffing needs may lead to steep penalties from the Ohio Department of Education (ODE) and their new compliance monitoring system. A combination of factors have made bus drivers hard to come by in Ohio,...more

Bricker Graydon LLP

Senate Bill 229: Remote and blended learning for 2021-2022

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On December 8, 2021, the Ohio legislature passed Senate Bill 2291, which includes changes to remote and blended learning. The changes enacted for remote learning will require quick action by interested school districts....more

Bricker Graydon LLP

ODE issues new requirements for ESSER-funded construction and capital expenditures

Bricker Graydon LLP on

On October 29, 2021, the Ohio Department of Education (ODE) issued new requirements regarding the use of federal ESSER II and ESSER III funding for construction and capital expenditures. Under the new requirements, local...more

Dentons

Iowa 2021 Legislative Report – End of Session Summary

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Two and a half weeks beyond the 110th calendar day of the session, the 2021 session of the 89th General Assembly of Iowa adjourned sine die just before midnight on Wednesday, May 19.  Originally slated to end April 30,...more

Dentons

Iowa 2021 Legislative Report - Week 3

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Both chambers gaveled in for the third week of the legislative session, despite a massive snowstorm that dumped historic levels of snow across most of Iowa and the Des Moines metro.  While the emphasis this week was...more

Manatt, Phelps & Phillips, LLP

Governor Cuomo Announces Compliant School Districts Permitted to Open - NY State Government: Week in Review

This morning, Governor Cuomo announced that under current infection rates and conditions, school districts in compliance with New York State Department of Health (DOH) and State Education Department (SED) guidance would be...more

Jaburg Wilk

Bias in Education: Navigating Student Discrimination Claims in Arizona

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Students who attend elementary and secondary school systems, colleges and universities, vocational schools, and proprietary schools that receive federal funding have federally protected rights against discrimination on the...more

Harris Beach PLLC

Education Department Issues Supplemental Guidance on Special Education Services and Instruction during COVID-19, including...

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On June 20, 2020, the New York State Education Department (SED) released two highly anticipated supplemental Question and Answer documents regarding special education, following guidance previously released on March 27 and...more

Harris Beach PLLC

New York Board of Regents Approves Part 121 Regulations Required by Education Law § 2-d

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January 14, 2020, the Board of Regents formally adopted Part 121 to the Commissioner’s Regulations to implement Education Law § 2-d. The regulation will become effective January 29, 2020. This regulation primarily addresses...more

Harris Beach PLLC

New York State Mandates Subject Area Certification Requirements for Special Education Teachers

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New guidance from New York State requires one of two certification options in special class subject areas for special education teachers at the secondary level (grades 7-12). The New York State Education Department (NYSED)...more

Roetzel & Andress

The Ohio Senate Is Moving On ADC Reform

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The Ohio Senate Education Committee has renewed its interest in reforming state takeovers (H.B. 70). The most recent state budget, H.B. 166 (adopted in July 2019) included a moratorium prohibiting the state superintendent...more

Harris Beach PLLC

New York State Education Department Releases Guidance on Law Related to Dyslexia, Dysgraphia and Dyscalculia

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The New York State Education Department (NYSED) recently released guidance related to students with dyslexia, dysgraphia, and dyscalculia. As we informed you through a Legal Alert issued in September 2017, the Commissioner...more

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