Does Providing A Parent With The Surveillance Video Of A School Incident And/Or Student Statements About The Incident That Involved Multiple Students Violate FERPA?

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 perpetrators, victims and bystanders was considered an educational record of all students on the video, the school district must provide the parents…

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THE LATEST ON ALTERNATIVE EDUCATIONAL OPPORTUNITIES FOR EXPELLED STUDENTS: THE GOOD, THE NOT SO GOOD, THE UNKNOWN, AND “FINAL” THOUGHTS.

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.  Click here to read Part 1 & Part 2.  Having had just a (teeny) little bit of time to ponder the final version of these guidelines, which were…

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BREAKING….CONNECTICUT SUPREME COURT ISSUES CCJEF DECISION

On Wednesday, January 17, 2018, a divided Connecticut Supreme Court issued a seminal decision in the long-running state education case Connecticut Coalition for Justice in Education Funding, Inc. v. Rell (“CCJEF II”). In an opinion authored by Chief Justice Chase Rogers, a majority of the Court found that while the Connecticut Constitution does confer the…

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2017 LEGISLATIVE SUMMARY (PART TWO): THE BUDGET “IMPLEMENTER” AND ITS EFFECT ON CONNECTICUT’S SCHOOLS AND PUBLIC EMPLOYERS.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. http://www.pullcom.com/news-publications-929.html  However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the absence of a state budget, the General Assembly had to convene a “special session” and it was not until…

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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 (click here to read Part 1 & Part 2), pursuant to Public Act 17-220 the State Department of Education was tasked with developing standards for alternative education opportunities for expelled students that address the kind…

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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 provide a student with a free appropriate public education [“FAPE”] based on the United States Supreme Court decision in Endrew F.  The guidance…

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THE ELEMENTS OF TITLE IX LIABILITY IN FEMINIST MAJORITY FOUNDATION V. UNIVERSITY OF MARY WASHINGTON AND K.T. V. CULVER-STOCKTON COLLEGE

Two recent federal court cases delineate the requisite elements of a Title IX deliberate indifference claim brought by students against educational entities. In Feminist Majority Foundation v. University of Mary Washington, the plaintiffs – consisting of the national Feminist Majority Foundation [“FMF”], Feminists United on Campus, an FMF affiliate, and five executive board members of…

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LIMITING TITLE IX LIABILITY IN DOE V. THE CITADEL

A decision issued by the Court of Appeals of South Carolina underscores the limitations of college and university liability under Title IX. In John Doe v. The Citadel, the court declined to extend standing to sue under Title IX to an individual who had no relationship to the educational institution but had been sexually assaulted…

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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 cases pertaining to whether a student received a free appropriate education [“FAPE”] back to the lower courts for further review.  In contrast, the…

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Pullman & Comley’s School Law Practice Hosts Fall Special Education Legal Issues Forum

Attorneys Michael P. McKeon, Mark J. Sommaruga and Melinda B. Kaufmann of Pullman & Comley’s School Law Practice will be presenting at the firm’s semi-annual Special Education Legal Issues Forum on October 27, 2017 (registration and breakfast 7:30 AM – 8:00 AM; program 8:00 AM- 12:00 PM) at the offices of the Connecticut Association of Schools…

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