Monthly Archives: July 2014

Summertime Blues: T.M. v. Cornwall and The Mainstreaming of Extended-School-Year Programs

In a decision that will likely result in both practical challenges and financial burdens for public school districts, the United States Court of Appeals for the Second Circuit held in T.M. v. Cornwall Central School District that the legal obligation to educate special education students in the least restrictive environment, or “LRE,” is not limited…

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Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims Involving a Vendor

When entering into contacts with vendors,  school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes.  In Varley v. Regional School District No. 4, 2014 WL 1814187(Conn. Super. April 4,  2014), a Superior Court judge held that a…

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Wells v. Xavier University: Investigating Campus Sexual Assaults and The Perils of Predetermination Under Title IX

The recent wave of Title IX complaints filed with the United States Department of Education’s Office for Civil Rights [“OCR”], claiming that colleges and universities were either ignoring or mishandling reports of sexual assaults has underscored the importance of implementing effective student sexual harassment policies and procedures. At the same time, the recent case of…

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Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on students. The guidance comes about a year after the U.S. Supreme Court declined to hear an appeal of lower courts’ rulings…

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Tales From The Green Room: My FOIA Book, My Television Interview and Why Public Agencies Should Care

On June 7th, 2014, I had the good fortune of being the guest on Focus on Connecticut, which is a weekly, half-hour public affairs show on “News 12 Connecticut.”    The show is hosted by Tom Appleby, a veteran news journalist in the best sense of those terms. The purpose of my appearance was to discuss…

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