Archives: Board Organization, Authority and Responsibilities

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Massachusetts’ Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances

By Julie C. Fay, Leander A. Dolphin and Melika S. Forbes on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Independent Schools, Liability, Public Schools, Responsibilities, Students, Superintendents, Supervision of Students

Earlier this month, Massachusetts’ highest court ruled favorably for Massachusetts Institute of Technology (“MIT”) and three school officials in a wrongful death lawsuit closely watched by educational institutions for close to a decade.  The court found that while a special … Read more

SEE YOU IN COURT! – April 2018

By Thomas B. Mooney on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, CABE Journal Columns, Freedom of Information, Most Recent Columns, Public Schools, Publications and Alerts

After serving as Chairperson of the Nutmeg Board of Education for six long years, Mr. Chairman announced unexpectedly at the last meeting in February that his company had transferred him to Illinois. At what would be his last meeting, Mr. … Read more

Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status

By Anne H. Littlefield and Melika S. Forbes on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Discrimination, Employer Obligations, Employer Responsibilities, Independent Schools, Liability, Public Schools, Religion and the Schools, Responsibilities, Rights of Teachers, Superintendents, Teacher Employment, Evaluation and Dismissal

Less than one week after the Second Circuit Court of Appeals held that Title VII’s prohibition on sex discrimination bars discrimination on the basis of sexual orientation, the Sixth Circuit Court of Appeals issued its own landmark Title VII … Read more

Education Legislation Summary: 2017 Special Session – Biennial Budget, Connecticut General Assembly

By Andreana R. Bellach, Ashley L. Marshall and Herbert Rosen on Posted in Board Organization, Authority and Responsibilities, Employer Obligations, Independent Schools, Public Schools, Publications and Alerts, Special Education

On October 26, 2017, the General Assembly passed Emergency Certified Bill 1502 (“Bill 1502” or “the Bill”). The Bill was signed by Governor Malloy on October 31, 2017 (except for a line item veto related to hospital charges). This summary … Read more

Title IX Procedures and The Need for Fairness to All Parties

By Gary S. Starr and Julie C. Fay on Posted in Board Organization, Authority and Responsibilities, Colleges and Universities, Employer Obligations, Independent Schools, Public Schools, Rights of Students, Students, Teacher Employment, Evaluation and Dismissal

Recent headlines make clear that sexual harassment is a serious problem in our society. It has also been a focus of attention on school campuses. Since the adoption of Title IX, colleges and universities, as well as other educational institutions, … Read more

In Aftermath of Hurricane Maria, Connecticut School Districts Reminded of Obligations to Displaced Puerto Rican Students

By Laura Fisher and Anne H. Littlefield on Posted in Public Schools, Records (Student Records), Residency and School Attendance, Responsibilities, Rights of Students, Students

On September 28, 2017, Connecticut Governor Dannel P. Malloy and Commissioner of Education Dr. Dianna R. Wentzell issued a joint memorandum  to Connecticut superintendents of public schools outlining local educational agency (“LEA”) obligations to homeless youth displaced by natural disasters. … Read more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

By Leander A. Dolphin, Laura Fisher and Benjamin FrazziniKendrick on Posted in Board of Education, Generally, Colleges and Universities, Public Schools, Rights of Students, Section 504 of the Rehabilitation Act of 1973

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider that, … Read more

Webinar: Board Member Boot Camp – Board Member Conduct: Empowering Good Behavior/Dealing with Bad Behavior

By Gary R. Brochu on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Public Schools, Seminars and Events

Join Shipman & Goodwin attorney Gary Brochu on September 22, 2017 for this complimentary webinar where he will discuss Board Member Conduct: Empowering Good Behavior/Dealing with Bad Behavior.

In addition to legal and procedural guidelines and requirements as to how … Read more

U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and Violence

By Leander A. Dolphin and Melika S. Forbes on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Liability, Public Schools, Responsibilities, Rights of Students, Students, Superintendents, Supervision of Students

On Thursday, in a speech by U.S. Department of Education Secretary Betsy Devos, the Department announced that it would undertake a review of its current Title IX enforcement guidance concerning campus-based sexual harassment and violence. Particularly, Ms. DeVos notified stakeholders … Read more

Connecticut Supreme Court Issues Decision in Munn v. Hotchkiss

By Julie C. Fay and Melika S. Forbes on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Independent Schools, Liability, Public Schools, Responsibilities, Rights of Students, Students, Superintendents, Supervision of Students

On Friday, the Connecticut Supreme Court issued its long-awaited ruling in Munn v. Hotchkiss School, the case involving a private school student who contracted tick-borne encephalitis on a school-sponsored trip to China.  In its ruling, the Supreme Court found unanimously … Read more

New Legislation Revises Physical Restraint and Seclusion Training Requirements

By Gwen J. Zittoun and Peter J. Maher on Posted in Board Organization, Authority and Responsibilities, Federal and State Role in Education, Individuals with Disabilities Education Act (IDEA), Public Schools, Responsibilities, Special Education, Students

This is an updated version of the original post, Legislature Revises Physical Restraint and Seclusion Training Requirements, published on June 28, 2017.

Earlier this month, the Governor signed Public Act 17-220 (House Bill 7276), which contains a number of … Read more

Legislature Revises Physical Restraint and Seclusion Training Requirements

By Gwen J. Zittoun and Peter J. Maher on Posted in Board Organization, Authority and Responsibilities, Federal and State Role in Education, Individuals with Disabilities Education Act (IDEA), Public Schools, Responsibilities, Special Education, Students

Earlier this month, the General Assembly passed House Bill 7276, now Public Act 17-220, which contains a number of provisions aimed at providing “mandate relief” to boards of education.  Section 5 of Public Act 17-220, effective July 1, 2017, … Read more

Shipman & Goodwin Hosts Annual Law Day Event

By Alyce Alfano, Benjamin FrazziniKendrick and Christopher Engler on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Public Schools, S&G News, Students

On May 3, 2017, Connecticut area high school students learned firsthand about the legal profession at Shipman & Goodwin’s Law Day 2017, an annual event designed to give students from diverse backgrounds an inside view of life at a law … Read more

Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

By Gwen J. Zittoun and Laura Fisher on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Federal and State Role in Education, Public Schools, Rights of Students, Students

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for further … Read more

High School Sleuths Expose Questionable Credentials of New Principal

By Anne H. Littlefield and Ashley L. Marshall on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Employer Obligations, Employer Responsibilities, Employment of Teachers, Public Schools, Responsibilities, Teacher Employment, Evaluation and Dismissal

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson.  According to the Kansas City Star, Robertson had received 100 percent … Read more

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