Author: Mark Sommaruga

Oops and the FOIA, Part One; Kadri v. Groton Board of Education and Protections From the Accidental Disclosure of Attorney-Client Privileged Documents

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as “inadvertent” or “unexplainable” releases of otherwise privileged communication from your attorney will not destroy the attorney-client privilege. The FOIC’s decision…

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Latest Developments From The Connecticut General Assembly

The General Assembly’s Education Committee is conducting a public hearing on March 3, 2014.  The Committee will consider testimony on bills that, among other things: 1) require school districts to adopt policies or enter into memoranda of understanding with law enforcement agencies concerning the use of law enforcement personnel as school resource officers, 2) require…

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School District’s Refusal to Release Bullying Investigation Report Upheld

While the Freedom of Information Act [“FOIA”] generally seeks to provide access to records created by public agencies, and while anti-bullying laws require that parents be notified by a school district with regard  to the district’s response to bullying complaints, federal laws protecting the privacy rights of students provide a countervailing block to unfettered access…

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Mirabilio v. Regional School District 16: Reduction in Hours v. Termination of Employment

In these fiscal times, school districts are confronted with difficult choices in restructuring their teaching workforce, with districts often having to consider the elimination of teaching positions.  A recent court case reminds us all that there is a middle ground, namely, the reduction of hours of teachers In Mirabilio v. Regional School District 16, 2013…

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Bridgeport Board of Education v. NAEG, Local RI-200: What is the Appropriate Punishment for Actual and Perceived Threats in the Workplace?

We have all been emotionally touched by the tragedies in Columbine and Sandy Hook, not to mention workplace shootings such as those at Hartford Distributors and the Connecticut Lottery.  In that context, employers (and especially school administrators) have been ever mindful of warning signs of potential violence.  However, these same actors must counterbalance the need…

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General Assembly Resolves Pre-School Magnet School Tuition Issue

The Connecticut General Assembly has passed, and Governor Dannel P. Malloy has signed into law, new legislation that eliminates the interdistrict magnet pre-school funding obligations of Connecticut’s local and regional boards of education.  The passage of this legislation marks a major victory for “sending districts” (i.e. school districts that send magnet pre-school students to out-of-district inter-district…

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