Topic: Privacy

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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Undocumented Immigrants, The Schools And The Obligations To Cooperate With “ICE”

A lot of heat is emanating from Washington D.C. over enforcement of laws concerning “undocumented” immigrants. Especially controversial is the possibility of greater action by the U.S. Immigration and Customs Enforcement [“ICE”] bureau, including bureau agents making visits to the schools.  This battle has led to competing visions, with Governor Malloy and Commissioner Wentzell issuing…

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Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being a constitutionally protected property interest in continued enrollment.  In Doe, the court held that the plaintiff student’s payment of tuition…

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OSEP Speaks Again: Ensure Your Evaluations Address All Areas of Potential Concern

On October 22, 2016, the US Department of Education’s  Office of Special Education Programs (“OSEP”), via its latest informal guidance/opinion letter (“Letter to Carroll”), once again addressed whether, once a school district’s evaluation is complete and the parents communicate a desire for a child to be assessed in an area in which they have not previously…

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Trump and Transgender Student Rights — An Early Decision For The President-Elect In Gloucester County School Board v. G.G.?

Well here we are. We will soon have a new president.  As we move away from the “hows” and “whys” of the election and on to the “whats” of President-Elect Trump’s impending presidency there are a wide-number of education law issues to consider.  For instance, the “School Choice And Education Opportunity Act” – a major…

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I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was based on their interpretation of Title IX of the Education Amendments of 1972, which is a federal law prohibiting gender-based discrimination in…

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Get Ready for the Changing Landscape of Expulsions

The legislature, this year, put in place significant changes relative to the expulsion of students which will supposedly go into effect on August 15, 2017. Assuming that the legislature leaves intact these changes during the 2017 legislative session, Districts will need to update their policies and programs in advance of the 2017-2018 school year. Expulsion…

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Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may engage in “self-help” and copy a public record through the use of a “hand-held scanner”. Connecticut General Statutes §1-212(g).  A “hand held scanner”…

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Foliage, Frost, Frozen Ponds and The FOIA (Part Three): Trying To Do The Right Thing Is A Good Thing Under The FOIA

In our latest posting on the Freedom of Information Act [“FOIA”], we confirm that the Freedom of Information Commission [“FOIC”] has a heart, and may sometimes forgive technical non-compliance by public agencies and their employees. Honesty and good faith = highly moral and good FOIA strategy I often preach that honesty, common sense and an…

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