Topic: Legislation

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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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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BREAKING….SUPREME COURT ISSUES DECISION IN JANUS V. AFSCME CO. 31 – AGENCY SHOP DEEMED UNCONSTITUTIONAL AND AGENCY FEES MAY NOT BE CONTINUALLY DEDUCTED WITHOUT AFFIRMATIVE EMPLOYEE CONSENT

The wait is over. For better or worse, this morning the United States Supreme Court issued what may well prove to be the most important public-sector labor law decision of the last 50 years.  By a 5-4 majority the Supreme Court’s conservatives in an opinion authored by Justice Alito have held in Janus v. AFSCME…

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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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CLEAR AND CONVINCING: DOE V. JACKSON, DEVOS, AND THE FUTURE OF CAMPUS SEXUAL MISCONDUCT INVESTIGATIONS

  On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,” issued on April 4, 2011. Although over the years OCR has issued a number of these often draconian Dear Colleague…

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