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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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