Monthly Archives: October 2018

PERSONNEL MATTERS, THE CONNECTICUT FOIA AND COMMON MISTAKES

Connecticut’s Freedom of Information Act (“FOIA”) generally provides access to both meetings and records of public agencies.  The FOIA does provide an exception to the open meetings requirements for certain “personnel matters,” namely, discussions “concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require…

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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 allow students in one district to attend open seats in schools in other districts. There are often long waiting lists for these schools and…

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

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 most recent guidance addresses the issue of whether a public agency may limit the length of time an independent evaluator hired by a…

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DOES TRANSGENDER BATHROOM USE CREATE A SEXUALLY HOSTILE ENVIRONMENT? OCR AND THE DECATUR PUBLIC SCHOOLS

In a worst-case scenario, the mother of a kindergarten student in the Decatur, Georgia Public Schools has claimed that a “gender fluid” student sexually assaulted her daughter while using the girls bathroom at the students’ elementary school. Decatur had implemented a policy permitting students to use the bathrooms of the gender with which they identify…

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