Topic: General Assembly

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the Fifth Circuit.  Except for the unsavory facts upon which the decision is based and Judge…

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The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting Schools

The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene a “special session.”  In the meantime, our legislature did pass several bills that will affect Connecticut schools.  Among other things, the…

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Public Act 16-67 – Are Your Background-Check Practices Compliant?

It’s been almost exactly a year since Public Act 16-67 – officially entitled “An Act Concerning the Disclosure of Certain Education Personnel Records, Criminal Penalties for Threatening in Educational Settings and the Exclusion of a Minor’s Name from Summary Process Complaints” was signed into law by Governor Malloy. The Act, more commonly known as the…

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CHRO – A New Horizon For Students With Disabilities?

As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent case shows how CHRO can handle (or mishandle) matters that have previously been deemed to be the exclusive province of special education “due process” hearing…

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Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken

We earlier had written on Working Together about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017 meetings. On March 9th, the Committee acted just ahead of its March 14, 2017 deadline and approved the…

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Latest Developments from the Connecticut General Assembly: The Education Committee Begins to Speak

The General Assembly’s Education Committee is beginning the process of approving bills.   The following is a listing (with a brief description) of the proposed bills that Education Committee voted favorably on and advanced out of committee at its March 8, 2017 meeting: H.B. No. 7157 AN ACT CONCERNING ONLINE AND BLENDED EDUCATIONAL OPPORTUNITIES FOR STUDENTS…

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A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a student does not need the service animal in order to receive a “free appropriate public education” as required by federal…

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Governor Malloy Issues Executive Order On Transgender Students’ Use of Bathrooms in Public Schools

On Wednesday, President Trump’s administration decided to rescind, pending further review, the Obama administration’s federal guidance that requires transgender students receive access to the restrooms and locker rooms of their chosen gender identity. In response, Governor Malloy yesterday issued his own Executive Order that essentially renders the President’s action void in Connecticut and requires Connecticut’s…

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They’re Back! What Can Schools Expect from the 2017 General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly began.  The session is scheduled to adjourn on June 7, 2017.  One can assume that a plethora of proposed bills affecting Connecticut school districts will be unleashed during the session, most of which will never see the light of day. The Education Committee will be…

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Post-Friedrichs, The Agency Fee Ground Is Still Shaking Mightily, But For A Different Reason

Agency fee contract provisions in collective bargaining agreements that require public sector bargaining unit employees, as a condition of employment, to pay the union for the cost of contract administration, grievance adjustment and collective bargaining, passed constitutional muster in the 1977 U.S. Supreme Court decision, Abood v. Detroit Board of Education (431 U.S. 209, 97…

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