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Health and Safety Exception to FERPA's Confidentiality Requirements

In this day and age where, sadly, tragedies have struck numerous schools across the country, the question of when schools are allowed to share personally identifiable student information with law enforcement frequently...more

Connecticut District Court Rules That Employer Cannot Rescind Job Offer Because Of Medical Marijuana Use

Since Connecticut passed the Palliative Use of Marijuana Act (“PUMA”), employers have struggled with how to apply its anti-discrimination provisions in various workplace situations. This is especially confusing given that the...more

No Good Deed Goes Unpunished – Make Sure You Are Documenting All The Services Being Provided To Your Special Needs Students

It’s a familiar scenario. A student, perhaps one with behavioral issues, is identified as being in need of special education. The parties get together and draft an individual education plan [“IEP”] for the student. The...more

Connecticut Federal District Court Holds There Is No Fundamental Constitutional Right To A Minimally Adequate Education

In a long-standing effort to desegregate Connecticut’s schools, the State has created a myriad of educational options for families including inter-district magnet schools, charter schools and the open choice program that...more

United States Department Of Education Issues Letter Guidance Regarding Private Evaluator’s Access To Classrooms For Student...

Once again, the Department of Education, Office of Special Education and Rehabilitative Services (“OSERS”) has weighed in on the rights of school districts to limit outside evaluators from accessing school classrooms. The...more

Commission On Human Rights Issues Guidance On Nondiscrimination Against Veterans

The Connecticut Commission on Human Rights and Opportunities has issued guidance on nondiscrimination in the hiring and employment of Connecticut veterans (the “Guidance”). Although discrimination against veterans already was...more

California Court Rules District Cannot Prohibit Students From Kneeling During The National Anthem At School Sporting Events

In what appears to be the first decision on this issue in the country, a federal court in California granted a high school athlete’s request for an injunction overturning his high school’s prohibition against athletes...more

Second Circuit Rules That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation

The Second Circuit Court of Appeals (the federal appellate court covering Connecticut, New York and Vermont), on Monday, February 26, 2018, issued a decision overturning its prior rulings and holding definitively that Title...more

Does Providing A Parent With The Surveillance Video Of A School Incident And/Or Student Statements About The Incident That...

The United States Department of Education’s Office of the Chief Privacy Officer recently issued a guidance letter to a school district indicating that while surveillance video of a hazing incident that involved numerous...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

A New Year and New Final Standards For Expulsions and Alternative Education

The Connecticut State Department of Education this morning adopted new standards for expulsions and alternative education. As we discussed back in September, pursuant to Public Act 17-220 the State Department of Education was...more

When Does Work Constitute “Training” For Purposes Of Determining Whether An Intern Is Really An Employee?

The U.S. Court of Appeals for the Second Circuit (which includes Connecticut) recently revisited the question of when an unpaid intern is actually an intern, as opposed to an employee. This time, the Court focused on whether...more

The United States Department of Education Issues Guidance on the Meaning of FAPE

On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to...more

Endrew F. In The Second Circuit – How Is The Court Applying The New Standard

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education...more

State Department of Education provides proposed final draft of guidelines for expulsions and alternative education (part 2)

“And thirdly, the code is more what you’d call “guidelines” than actual rules …” Captain Barbosa in Pirates of the Caribbean: The Curse of the Black Pearl On September 5, 2017, the State Board of Education’s Legislative and...more

High School Football Coach Does Not Have The Right To Pray On The 50 Yard Line After The Game – Lessons From The Ninth Circuit...

Does a school district violate the First Amendment when it prohibits a football coach from kneeling on the fifty yard line and praying with students and members of the public at the end of each high school football game? The...more

When Can Schools Ban a Parent or a Third Party from School Property and School Events?

The Second Circuit Court of Appeals recently addressed the issue of whether a school district can ban a parent from school property during the school day and/or during on-site sporting events based on the parent’s prior...more

ALERT: Interim CT Legislative Update

The Connecticut General Assembly enacted a number of laws during its regular session that will impact Connecticut schools and public-sector employers. Among other things, bills have been enacted that...more

Make Sure Your Mandatory Reporting Policies And Trainings Are Up To Date

Now that summer is half-way over, it’s time to make sure that your district is on track to be compliant at the start of the new school year with up-to-date policies on mandated reporting and by ensuring that you have planned...more

Violation of Stay-Put Provisions Under the IDEA Can Be Costly

In what appears to be the first case of its kind within the Second Circuit, a United States District Court Judge within the District of Connecticut has crafted an order of over $200,000 in compensatory damages for a school...more

Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”). As...more

Can You Fire The Needle-Phobic Pharmacist Who Refuses To Perform Immunizations?

As more and more pharmacies move into the role of providing immunizations, someone has to perform those immunizations. Often, this duty falls to the pharmacist. So, what happens when a pharmacist claims he cannot perform...more

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a...more

A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education...

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is...more

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