A NEW YEAR AND NEW FINAL STANDARDS FOR EXPULSIONS AND ALTERNATIVE EDUCATION

The Connecticut State Department of Education this morning adopted new standards for expulsions and alternative education. As we discussed back in September (click here to read Part 1 & Part 2), pursuant to Public Act 17-220 the State Department of Education was tasked with developing standards for alternative education opportunities for expelled students that address the kind…

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The United States Department of Education Issues Guidance on the Meaning of FAPE

On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to provide a student with a free appropriate public education [“FAPE”] based on the United States Supreme Court decision in Endrew F.  The guidance…

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THE ELEMENTS OF TITLE IX LIABILITY IN FEMINIST MAJORITY FOUNDATION V. UNIVERSITY OF MARY WASHINGTON AND K.T. V. CULVER-STOCKTON COLLEGE

Two recent federal court cases delineate the requisite elements of a Title IX deliberate indifference claim brought by students against educational entities. In Feminist Majority Foundation v. University of Mary Washington, the plaintiffs – consisting of the national Feminist Majority Foundation [“FMF”], Feminists United on Campus, an FMF affiliate, and five executive board members of…

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LIMITING TITLE IX LIABILITY IN DOE V. THE CITADEL

A decision issued by the Court of Appeals of South Carolina underscores the limitations of college and university liability under Title IX. In John Doe v. The Citadel, the court declined to extend standing to sue under Title IX to an individual who had no relationship to the educational institution but had been sexually assaulted…

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ENDREW F. IN THE SECOND CIRCUIT – HOW IS THE COURT APPLYING THE NEW STANDARD

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education cases pertaining to whether a student received a free appropriate education [“FAPE”] back to the lower courts for further review.  In contrast, the…

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Pullman & Comley’s School Law Practice Hosts Fall Special Education Legal Issues Forum

Attorneys Michael P. McKeon, Mark J. Sommaruga and Melinda B. Kaufmann of Pullman & Comley’s School Law Practice will be presenting at the firm’s semi-annual Special Education Legal Issues Forum on October 27, 2017 (registration and breakfast 7:30 AM – 8:00 AM; program 8:00 AM- 12:00 PM) at the offices of the Connecticut Association of Schools…

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AN EARLY HALLOWEEN TRICK FOR CONNECTICUT’S PUBLIC-SECTOR LABOR UNIONS: WILL JANUS V. AFSCME, CO. 31 BE THE END OF THE AGENCY SHOP?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and Municipal Employees, Council 31, thus once again agreeing to hear a case that poses the question of whether union agency fee…

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HOW DOES LAST BEST OFFER INTEREST ARBITRATION WORK WHEN THE STATE HAS NOT ADOPTED ITS BUDGET?

According to the State Department of Education, approximately 100 Connecticut school districts are scheduled to engage in negotiations with teacher and/or administrator bargaining units by the end of December, 2017. As those of you who are familiar with the Teacher Negotiation Act understand, these contracts are supposed to be resolved by agreement, or through last…

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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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Doe v. Brown University: Non-Students and the Limits of Title IX Liability

In a case that raises a number of interesting questions, a federal judge in Rhode Island recently held that a student at one school could not bring a Title IX action against another school following her sexual assault by some of the latter school’s students. In Jane Doe v. Brown University, the court granted Brown…

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