Topic: School District

UNNECESSARY ROUGHNESS: COACHES, CONCUSSIONS AND THE CONSTITUTION IN MANN V. PALMERTON AREA SCHOOL DISTRICT

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming decision for public secondary schools, colleges, and universities, the Third Circuit held in Mann v.…

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BAD IDEA: ATTORNEY’S FEES AND THE HIGH COST OF IGNORING STAY PUT IN M.R. & J.R. V. RIDLEY SCHOOL DISTRICT

A recent decision by the United States Court of Appeals for the Third Circuit calls to mind an automobile repair chain’s erstwhile slogan: “Pay me now, or pay me later,” although in this case, the more applicable variation would be:  “Pay now, or really, really pay later.”  In M.R. & J.R. v. Ridley School District,…

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STATE DEPARTMENT OF EDUCATION PROVIDES PROPOSED FINAL DRAFT OF GUIDELINES FOR EXPULSIONS AND ALTERNATIVE EDUCATION (Part 2)

“And thirdly, the code is more what you’d call “guidelines” than actual rules …” Captain Barbosa in Pirates of the Caribbean: The Curse of the Black Pearl On September 5, 2017, the State Board of Education’s Legislative and Policy Development Committee presented a “final draft” of “Guidelines for Alternative Learning Environments.” The Guidelines, however, as…

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And who is going to pay for it? The State’s new draft guidelines for educating expelled students

In 2016, Connecticut’s General Assembly passed Public Act 16-147: AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.  This Act made several changes to school discipline laws which were to take effect on August 15, 2017.  Most dramatically, the Act significantly increased the amount of instruction to be delivered to expelled…

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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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HIGH SCHOOL FOOTBALL COACH DOES NOT HAVE THE RIGHT TO PRAY ON THE 50 YARD LINE AFTER THE GAME – LESSONS FROM THE NINTH CIRCUIT COURT OF APPEALS

Does a school district violate the First Amendment when it prohibits a football coach from kneeling on the fifty yard line and praying with students and members of the public at the end of each high school football game? The Ninth Circuit recently answered this question with a resounding “no” in Kennedy v. Bremerton School…

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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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IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative remedies available under the Individuals with Disabilities Education Improvement Act of 2004 [“IDEA”]. The case of Graham, et al. v.…

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Violation of Stay-Put Provisions Under the IDEA Can Be Costly

In what appears to be the first case of its kind within the Second Circuit, a United States District Court Judge within the District of Connecticut has crafted an order of over $200,000 in compensatory damages for a school board’s violation of the stay-put provisions of the Individuals with Disabilities Education Act [“IDEA”]. More specifically,…

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Not NORML: Blunt Speech in Gerlich v. Leath

A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose which speech it will permit. The Eighth Circuit’s decision in Gerlich v Leath arose from Iowa State University’s attempt…

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