Join us for a Complimentary Breakfast Seminar on February 7, 2011 in our Hartford Office.

The May 1 non-renewal deadline will be here before you know it.  Please join us for this timely discussion regarding important issues related to the non-renewal and termination of non-tenure teachers.  At this workshop, we will discuss the applicable legal background, best practices, and common pitfalls in this area. 

Click on Read More for more information and to .

read more

The U.S. Department of Education recently issued their first official assessment of the progress that twelve states have made in implementing their reform plans following their receipt of Race to the Top grants. The state-by-state reports show that most winners are struggling to implement new teacher-evaluation systems based, at least in part, on student growth. Many also have issues with their relationships with local school districts, which bear the ultimate responsibility for implementation of the plans. read more

Two recent decisions, one from the Sixth Circuit of Appeals and the other from the Ninth Circuit of Appeals, interestingly with both decisions having a plaintiff named Johnson, offer clarification of the accommodations required by school districts pursuant to the Americans with Disabilities Act (ADA). read more

Brought to you by COSA's Board of Directors, this timely webinar on Teacher Discipline is one of a series of 4 webinars reviewing the basics of school law. 

read more

A ten year teacher in Idaho with a history of depression and bipolar disorder failed to complete her required six semester hours of professional development training, three of which required to be for college credit, in order to maintain her Idaho teaching certificate. The required semester hours could have been completed at any time during the five years that her teaching certificate was valid, which was from September 1, 2002 to September 1, 2007. In the summer of 2007, still short her required three semester hours of college credit, the teacher experienced a major depressive episode which rendered her unable to take any college courses. read more

"I don't think the Killeen case stands for the proposition that all highly mobile students should be evaluated for special education eligibility, but I do think school districts should keep in mind that [certain] red flags may indicate the presence of a disability, and not just the impact of moving," said Leander Dolphin, a school attorney at Shipman & Goodwin LLP in Hartford, Conn.

For example, "issues relating to disruption in a child's education, missing school, and adjustments to multiple transitions -- which are issues for highly mobile students, whether they're in foster care, have parents in the military, or are homeless -- can also be signs of a disability," she said.

Train all staff members on the importance of including highly mobile students in established child find protocol, Dolphin said.

"You have to treat highly mobile children equitably, applying the same triggers as you would for non-mobile students," she said. "I would also recommend training personnel who handle the initial registration and enrollment of these students. They are often on the front line for a family with a history of moving a lot."

read more

At 8:30 a.m. the morning of November 18, the Department of Labor released its guidance on the new paid sick leave law.  This guidance has been much anticipated, so we wanted to inform you as soon as possible of the release.  You can view the guidance at the following link:  http://www.ctdol.state.ct.us/wgwkstnd/SickLeaveGuidance.pdf 

We will be analyzing the guidance and will provide you with a summary in the near future.  However, if you have immediate questions, please contact Gabe Jiran or Henry Zaccardi at (860) 251-5000. read more

I've Been Elected Board Chair--Now What?

 

Join us December 15, 2011 from 5:30 p.m. to 8:00 p.m. for an informational seminar on the challenging role of the Board of Education Chairperson.  School law attorneys Tom Mooney and Gary Brochu will discuss the various aspects and unique responsibilities of the role of Board Chairperson, and offer guidance as to how to become an effective Board Chair. 

 Click here to Register

read more

A group of Shipman & Goodwin attorneys will present at this year's Connecticut Association of Boards of Education (CABE)/Connecticut Association of Public School Superintendents (CAPSS) Convention, November 18th and 19th on topics including: Breaching the Classroom Wall - Legal Issues Regarding the Utilization of Technology to Bring the World to Students; The Annual Meeting of the Nutmeg Board; Reforming Seniority-Based "Last In, First Out" Layoff Rules to Promote Student Achievement, and Fostering Community Support for Special Education. read more

Now is a good time to train IEP teams on how to handle methodology requests for children with dyslexia, sources say.

“More parents are dialed into advocacy groups that are looking things up on the Internet and searching for ‘quick fixes’ for students with dyslexia,” says Anne H. Littlefield, a school attorney at Shipman & Goodwin LLP in Hartford, Conn. “Other parents who are frustrated with their children’s progress are searching on their own for new alternatives.”

read more

In a decision issued on October 31, 2011, the United States Supreme Court denied review of an appeal from Avery Doninger in her free speech claim against her former Connecticut school district. See 642 F.3d 334 (2nd Cir. 2011), cert denied, 2011 U.S. LEXIS 7814 (Oct. 31, 2011). The decision not to review Doninger’s appeal in effect affirms the decision of the trial judge, U.S. District Court Judge Mark R. Kravitz that Doninger’s off-campus internet criticisms of school administrators disrupted the educational process of the school, thus subjecting her to disciplinary consequences, despite the fact that her comments were made off-campus on the Internet. While the Doninger case has not succeeded in its appeal to the U.S. Supreme Court, similar cases coming out of the Third (PA, NJ, DE, VI) and Fourth (MD, NC, SC, VA, WVA) Circuits are currently pending. read more

A Federal District court in Pennsylvania has ruled in favor of Loyalsock Township School District in a suit brought by a former student asserting violations of her freedom of association, substantive and procedural due process rights and equal protection rights when the school failed to discipline her basketball teammates for bullying. The student’s claim of bullying included actions such as avoidance by other students, tee-shirts reading “out of control”, which she believed was a reference to her, and false rumors of pregnancy. The treatment eventually resulted in her quitting the basketball team, not attending her senior class trip, and not attending her graduation. read more

As school districts in Connecticut are aware, the legislature has made significant and substantial changes to the existing law regarding bullying.  In the wake of this new legislation, the Connecticut State Department of Education (SDOE) has indicated that it will be issuing further guidance to school districts regarding the implementation of Public Act 11-232 and best practices relative to improving school climate.  This guidance will be in a Q & A format, designed to address the most frequently asked questions surrounding the new bullying law and safe school climate requirements.  The SDOE has asked the School Law Practice Group at Shipman and Goodwin LLP to provide assistance on the development of this guidance, which we are pleased to do.  read more

On October 19, 2011, attorneys Anne Littlefield, Julie Fay and Leander Dolphin will serve as speakers on the topic entitled "Social Networking: Policies to Promote and Protect."  Their presentation will take place from 10:30 a.m. - 11:30 a.m. at The Water's Edge. read more

Please join us for our annual fall seminar. This promises to be an interesting and informative program regarding recent developments in labor and employment law. Our half-day seminar will include discussions of the timely topics as well as updates on recent legislation and court decisions affecting employers.

Click here to register.  Seating is limited so reserve your seat today!

When: 

November 2, 2011
8:00 AM - 12:00 PM (8:00 AM - 8:30 AM Registration)

 

Where: 

Downtown Hartford Marriott
200 Columbus Boulevard
Hartford, CT 06106

read more

On November 30th Rebecca Rudnick Santiago and Jessica Ritter will be participating in a live audio conference sponsored by Lorman Education Services regarding Pupil Records: Best Practices Concerning Access, Release, Content and Storage of Educational Documents.

School districts frequently receive requests for access to student records from state agencies, federal agencies, parents and members of the public. This live audio conference will provide school officials, parents, school staff and school lawyers with an overview of the laws relating to access, release, content and storage of student records. The live audio conference will define the rules as well as the exceptions and provide pragmatic advice for how to ensure compliance with the law and avoid disputes over violations of student confidentiality or improper handling of student records.

Learning Objectives:

• You will be able to define FERPA and the exceptions.
• You will be able to discuss parental rights to access records.
• You will be able to identify when consent is not required to release student records.

 To register for this live audio conference and for more information, please click here.

read more

The Connecticut State Department of Education (“SDE”) has recently completed its analysis of comments to proposed revisions to the state’s special education regulations. Based on comments it has received, the SDE has also published revised Special Education Draft Regulations will be discussed at the October 5th State Board of Education meeting. It is anticipated that the final vote on the proposed revisions will take place at the November 2nd State Board of Education meeting.

For a copy of the analysis of comments, please click here.

For a copy of the special education draft regulations, please click here.

read more

The Missouri State Legislature has passed a social networking law which prohibits communication through websites, such as Facebook and Twitter, between teachers and current students or former students who are still classified as minors under Missouri state law. read more

Join us for a Complimentary Breakfast Seminar on September 15, 2011 in our Hartford Office and September 22, 2011 in our Stamford Office.

In 2011, the Connecticut General Assembly made sweeping changes to the state’s education laws, including a radical revision of Connecticut’s bullying prevention and intervention laws, adding gender identity and expression to the list of protected classifications, and imposing significant new responsibilities on school districts with respect to child abuse and neglect reporting and the obligations on districts to conduct pre-employment reference checks. Our school law attorneys will discuss the impact of these changes on the policies and procedures for districts and field the difficult questions about the changes required by these new legal requirements.

Click on Read More for more information and to register.

read more

The Second Circuit has reaffirmed a ruling that the parents of an 8th grade student with a specific learning disability were not entitled to reimbursement for their unilateral private placement at the Kildonan School, despite the fact that the district had violated procedural aspects of the IDEA, thus denying the student FAPE. read more

Connecticut Law Tribune, August 8, 2011

Entrenched financial stresses on our federal, state and local governments have made everyone cranky. Our locally-elected officials have a terribly difficult job to do, with shrinking resources and an anxious public.

Even in good times, the different responsibilities of towns and boards of education have caused second-guessing and mutual distrust, given that half to two-thirds or more of local expenditures go to fund education. In these tough times, tensions have boiled over in some towns, with public confrontations, power grabs and even litigation.
Such actions undermine public confidence in our local government and can even divert scare resources to fund intra-governmental conflict. Cooperation between these two bodies is in the public interest, and a review of the respective rights and responsibilities of towns and boards of education may foster better understanding and a more peaceful coexistence.

read more

Connecticut Law Tribune, August 8, 2011

Tragic incidents such as the death of bullied student Phoebe Prince in Massachusetts have sharpened our national focus on the prevention of school bullying. Bullying is more than the media’s issue du jour; it warrants our close attention, particularly as the nature of student bullying is rapidly changing in the digital age.

Many states, including Connecticut, have recently passed or revised laws to clarify the legal obligations of public schools regarding bullying. Connecticut’s new legislation, Public Act 11-232, imposes stricter mandates for addressing incidents of school-based bullying, expands the public schools’ obligations to intervene in circumstances of off-campus and online bullying, and imposes broad new mandates to monitor and improve school climate.

read more

In its 2011 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2011. The following material summarizes these new laws, but the specific provisions should be reviewed in the context of specific situations. These new statutes are available online through the General Assembly website at http://www.cga.ct.gov/. We will be happy to send you copies of any of these new Public Acts upon your request. 

Download Employment Legislation Summary 

read more

The Employment Law Letter is published quarterly as a service to clients and friends by the firm's Labor & Employment Practice, with the cooperation and assistance of the Litigation and Employee Benefits Practice. 

Download the Employment Law Letter 

Included in this issue:

• Devil’s In the Details
• Millions Awarded in Whistleblower Suit
• How Fast Must a Corrections Officer Run?

read more

In its 2011 session, the General Assembly passed a number of laws affecting boards of education and school districts. The following is a general summary of legislation passed. Application of a specific law to a particular set of facts or to a particular situation may require more detailed analysis of the law’s provisions. In addition to the summaries provided, boards of education should refer to the Employment Legislation Summary for additional legislative changes applicable to all employers. These new statutes are available online through the General Assembly website at http://www.cga.ct.gov/. We will be happy to send you copies of any of these new Public Acts upon request. 

Download Education Legislation Summary

read more