The following is a brief description of acts that were passed during the 2024 Session of the Connecticut General Assembly that may be of interest to Connecticut school leaders. ...more
8/22/2024
/ Connecticut ,
Education Reform ,
Educational Institutions ,
Employee Benefits ,
General Assembly ,
New Amendments ,
New Regulations ,
Public Employees ,
Public Schools ,
Regulatory Requirements ,
Special Education ,
Students ,
Teachers ,
Wage and Hour
Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations. The deadline for releasing the new regulations has been pushed back several times...more
4/10/2024
/ Biden Administration ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The 2023 Regular Session of the Connecticut General Assembly concluded on June 7, 2023. The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more
On January 9, 2023, at 9:00 a.m. we presented our first in a monthly series of “Title IX on the Nines” webinars. We were joined by over 100 people from the K-12 and college/university levels. We discussed the top five...more
In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes. In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...more
12/21/2022
/ Civil Rights Act ,
Due Process ,
Educational Institutions ,
Fourteenth Amendment ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Orientation ,
Sports ,
Student Athletes ,
Students ,
Title IX ,
Transgender
On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations. The draft regulations and supporting commentary are approximately 700 pages long and will take some...more
6/27/2022
/ Biden Administration ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
Regulatory Agenda ,
Rulemaking Process ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX
On Friday, August 27, 2021, approximately 200 people joined us for a webinar on issues faced by Connecticut schools as they reopen this fall during the current COVID-19 pandemic. We covered topics such as mask mandates,...more
9/1/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Emergency Management Plans ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Public Health Emergency ,
Re-Opening Guidelines ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, but the primary source of action on education law issues was a special session of the General Assembly and ensuing “budget implementer”...more
8/10/2021
/ Charter Schools ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
General Assembly ,
Hairstyle Discrimination ,
Infectious Diseases ,
Native American Issues ,
Public Sector Unions ,
School Districts ,
Special Education ,
State and Local Government ,
State Budgets ,
Team Mascots ,
Vaccinations ,
Wage and Hour
As COVID-19 continues to spread throughout the United States, many colleges have turned to mandatory student vaccination requirements in an attempt to return to in-person learning. Predictably, following directly behind...more
On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more
6/29/2021
/ Denial of Certiorari ,
Department of Justice (DOJ) ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
New Guidance ,
OCR ,
Regulatory Standards ,
School Restrooms ,
School Sports ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Student Athletes ,
Students ,
Title IX ,
Transgender
It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”). The Individuals with Disabilities Education Act (“IDEA”) provides a process...more
On January 8, 2021, the U.S. Department of Education’s Office of Civil Rights issued a memorandum containing its interpretation of Bostock v. Clayton and its lack of effect on OCR’s interpretation of Title IX. The U.S....more
1/15/2021
/ Bostock v Clayton County Georgia ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
Sexual Orientation Discrimination ,
Statutory Interpretation ,
Student Athletes ,
Title IX ,
Transgender
Despite the US Department of Education’s direction that the new Title IX regulations on sexual harassment will not be enforced retroactively, at least one federal court has disagreed. In Doe v. Rensselaer Polytechnic...more
11/4/2020
/ Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Reform ,
Regulatory Requirements ,
Retroactive Application ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
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
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 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
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
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
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
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