Topic: Uncategorized

HEALTH AND SAFETY EXCEPTION TO FERPA’S CONFIDENTIALITY REQUIREMENTS

In this day and age where, sadly, tragedies have struck numerous schools across the country, the question of when schools are allowed to share personally identifiable student information with law enforcement frequently arises. The Family Educational Rights and Privacy Act (“FERPA”) allows schools to share education records when the disclosure is necessary to protect the…

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The Aftermath: Developments From The 2019 Session of The Connecticut General Assembly Affecting the Schools

The 2019 Regular Session of the Connecticut General Assembly concluded on June 5, 2019. The legislature passed significant labor and employment legislation that addressed, inter alia, remedies for sexual harassment and employment discrimination and increases in the minimum wage; these bills are summarized in posts on our firm’s labor and employment blog, Working Together.  In addition,…

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Schools May Expel Students for Personal Journal Entries

We have previously discussed the tension between a school district’s discipline for social media posts and the protections of the First Amendment. Click here. Indeed, as the United States Supreme Court said in Tinker v. Des Moines Independent County School District, 393 U.S. 503 (1969). public school students do not forfeit their “constitutional rights to…

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LATEST DEVELOPMENTS FROM THE CONNECTICUT GENERAL ASSEMBLY: MARCH 1ST PUBLIC HEARING (REGIONALIZATION AND CONSOLIDATION)

On Friday, March 1, 2019, the General Assembly’s Education Committee will conduct a public hearing, which will take place at 11:00 A.M. in Room 2E of the Legislative Office Building.   A particular focus of this hearing will be bills that may require the regionalization and consolidation of school districts and programs.    There are two skeletal/concept bills regarding this issue…

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UNDERSTANDING CONNECTICUT’S FOIA: Electronic participation by board members at meetings: When and how it can be “legal”?

A common problem for boards of education is getting enough members in attendance at a board meeting in order to have a quorum (usually, a majority of the board).  There may be times when a board member wishes to participate in the board’s business (and vote) at a particular meeting, but the member may be…

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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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