Monthly Archives: June 2014

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and 2) the penalties (both civil and criminal) for a “mandated reporter” for failing to make such a report. A question that…

Read more

How Many Committees Are Public Schools Required to Have?

The Connecticut General Assembly has a fondness for mandating the establishment of committees in public education. In recent years, school districts have been directed to create committees to address bullying, school security and safety, and school improvement. This year, proposed legislation regarding chronic absenteeism (a bill that was not passed by the legislature in regular…

Read more

Vergara v. California: Part Two: Is Tenure in Connecticut At Risk?

As discussed in a prior post,  the recent decision in the case of Vergara v. State of California, et al., will, if upheld on appeal, eviscerate California’s public school teacher tenure law. Given that 46 states have some form of teacher tenure, Vergara has unleashed a sonic clash between keening prophesies of pedagogical collapse and…

Read more

Vergara v. California, and the Attenuation of Tenure, Part One: The Decision

In a landmark, June 10, 2014 decision that could set off a wave of similar litigation across the country, a California Superior Court judge ruled in the case of  Vergara v. State of California, et al. that a number of California’s teacher tenure laws had the constitutionally impermissible effect of depriving students of equal protection under…

Read more

It’s All In The Benefits — Non-Salary Remuneration Can Render Your Volunteer An “Employee” For Purposes Of The Connecticut Fair Employment Practices Act

When is an unpaid volunteer considered an “employee” and thus able to sue for discrimination or retaliation under the Connecticut Fair Employment Practices Act (“CFEPA”)? The answer: when the volunteer receives remuneration in the form of significant employment benefits. This is the conclusion the Superior Court recently reached in Commission on Human Rights and Opportunities…

Read more

School Paraprofessionals Will Now Be Eligible For FMLA Leave Once They Have Worked 950 Hours After May 12, 2014

On May 12, 2014, the Connecticut Secretary of State’s website posted the Department of Labor’s Family and Medical Leave for School Paraprofessionals final regulations.  Under the new regulations, Connecticut school districts will now be required to provide paraprofessionals with FMLA leave benefits once they have worked 950 hours after the May 12, 2014 date of…

Read more