Topic: Supreme Court

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” While the Court made clear that this is…

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Flushed: Supreme Court Vacates Fourth Circuit’s Title IX Transgender Bathroom Decision in Gloucester County v. G.G.

In a not particularly surprising development, on March 6, 2017, the United States Supreme Court vacated the United States Court of Appeals for the Fourth Circuit’s judgment in the controversial case of Gloucester County School Board v. G.G. and remanded it to the Fourth Circuit for further consideration. Click here to read the order.  The…

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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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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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A Cadillac, A Serviceable Chevrolet Or Something In Between: The Supreme Court Is Poised To Redefine The Standard Of Education That Must Be Provided To Special Education Students

On January 11, 2017, the United States Supreme Court heard oral arguments in Endrew F. v. Douglas County School District, a case likely to change the landscape of special education by redefining the level of education that is owed special education students under the IDEIA. The case involves an autistic child who is referred to…

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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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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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Supreme Court Rules in Favor of School District in Building Project Referendum Challenge: Substance Trumps Form

School districts often find themselves in the precarious position of having to rely upon the outcome of a referendum for passage of a budget or building project while simultaneously having no control over the conduct of the referendum. In a saga that hopefully is coming to an end, a Connecticut regional school district may finally…

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