Topic: Education

TITLE IX STUDENT DISCIPLINARY CODES DEEMED CONTRACTS IN JOHN DOE V. THE GEORGE WASHINGTON UNIVERSITY

Words are not written in a vacuum, and they can bind the party that wrote them, regardless of whether that was the author’s intent. That was the lesson The George Washington University [“GW” or “University”] recently learned in John Doe v. The George Washington University, in which the United States District Court for the District…

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CROSS-EXAMINATION IN TITLE IX DISCIPLINARY HEARINGS DEEMED CONSTITUTIONAL RIGHT IN DOE V. BAUM

In an extremely important decision for students accused of sexual misconduct, the United States Court of Appeals for the Sixth Circuit recently held in John Doe v. David H. Baum, et al. that when a Title IX student disciplinary proceeding comes down to a credibility determination, the accused student has a constitutional right under the…

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Developments From The 2018 Session of The Connecticut General Assembly: New Laws Affecting The Schools (and Public Employers)

On August 1, 2018, our firm posted on its website a summary of relevant legislation enacted by the Connecticut General Assembly during its 2018 regular session that will impact Connecticut schools.  Among other things, the General Assembly passed bills that: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at…

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The U.S. Supreme Court’s decision in Janus v. AFSCME on “agency” or “service” fees for non-union members: What public sector employers must (immediately) know

As was discussed in our prior blog post and alert, the U.S. Supreme Court in Janus v. AFSCME,  585 U.S. ____ (June 27, 2018) just issued a ground breaking decision with respect to the collection of agency fees from non-union members, holding that the involuntary withholding of such monies violates the First Amendment “free speech”…

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CALIFORNIA COURT RULES DISTRICT CANNOT PROHIBIT STUDENTS FROM KNEELING DURING THE NATIONAL ANTHEM AT SCHOOL SPORTING EVENTS

In what appears to be the first decision on this issue in the country, a federal court in California granted a high school athlete’s request for an injunction overturning his high school’s prohibition against athletes kneeling during the national anthem. This issue, originally only appearing in the realm of professional athletics, has now trickled down…

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Pullman & Comley’s “Education Law Notes” Named One of The Top 30 Education Law Blogs

BRIDGEPORT, Conn.,: “Education Law Notes,” the Connecticut School Law blog published by Pullman & Comley, has been named one of the “Top 30 Education Law Blogs” in a comprehensive list published by Feedspot, the law firm announced today. Feedspot, a content reader that allows readers to view all of their favorite blogs and websites in…

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LATEST DEVELOPMENTS FROM THE CONNECTICUT GENERAL ASSEMBLY ON EDUCATION RELATED LEGISLATION (AND A MARCH 8TH PUBLIC HEARING)

On Thursday, March 8, 2018, the General Assembly’s Education Committee will conduct a public hearing on the following proposed bills: S.B. No. 364 AN ACT CONCERNING SPECIAL EDUCATION FUNDING. This bill would lower the special education “excess cost” grant threshold from four and one-half times to two times the average per pupil educational costs of…

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SILENCE MATTERS: SCHOOL SAFETY, SECURITY PLANS AND THE CT FOIA

In the aftermath of another senseless and tragic school shooting, school districts are understandably looking inwards as they contemplate the need to adjust their security measures. I am frequently asked how school districts can consider their options while still complying with the Connecticut Freedom of Information Act [“FOIA”].  Fortunately, the FOIA contains protections for schools…

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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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