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Continue Reading Seminar: On the Front Lines: Raising Awareness of Child Trafficking and Exploitation in Connecticut’s Schools
The Nutmeg Board of Education is in the thick of its budget deliberations, and the members are having trouble establishing priorities. Board members Red Cent
Continue Reading SEE YOU IN COURT! – February 2019
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Continue Reading The Achievement Gap: Legal and Educational Challenges
This is an updated version of the original post, Legislature Revises Physical Restraint and Seclusion Training Requirements, published on June 28, 2017.
Earlier this
Continue Reading New Legislation Revises Physical Restraint and Seclusion Training Requirements
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, makes significant changes to the physical restraint and seclusion training requirements that were enacted as part of Public Act 15-141 (now codified at Conn. Gen. Stat. § 10-236b). While this new law must still must be signed by the Governor to become law, school districts may wish to consider these revisions as they plan for staff professional development.
Continue Reading Legislature Revises Physical Restraint and Seclusion Training Requirements
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.
Continue Reading Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents
IEPs Must Be Reasonably Calculated to Enable Appropriate Progress in Light of Child’s Circumstances
For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate public education” (FAPE) through an individualized education program (IEP) under the Individuals with Disabilities Education Act (IDEA). Specifically, in Endrew F. v. Douglas County School District RE-1, No. 15-827 (U.S. March 22, 2017), the Court held in a unanimous opinion authored by Chief Justice John Roberts that, “[t]o meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Id. at 11 (slip op.).
Continue Reading Supreme Court Clarifies FAPE Standard in Endrew F. Case
Yesterday, in response to the withdrawal of federal guidance relating to the rights of transgender students, Connecticut Governor Dannel Malloy instructed Connecticut public schools to continue to follow the withdrawn guidance, pending the release of state guidance from the Connecticut State Department of Education on the rights of transgender individuals in Connecticut schools. Specifically, Governor Malloy referred public school superintendents to the May 13, 2016 Dear Colleague Letter jointly issued by the U.S. Department of Justice and U.S. Department of Education, and subsequently rescinded by these agencies on February 22, 2017.
Continue Reading Connecticut Governor Dannel Malloy Instructs Connecticut Public Schools to Follow Withdrawn Federal Guidance regarding Transgender Students
On February 22, 2017, the U.S. Departments of Justice and Education withdrew guidance for educational institutions, issued in 2015 and 2016, that took the position that the prohibitions in Title IX of the Education Amendments of 1972 and implementing regulations against discrimination on the basis of sex require access to sex-segregated facilities on the basis of gender identity rather than biological sex. In the February 22, 2017 Dear Colleague Letter rescinding the prior guidance, the U.S. Department of Education noted that interpreting “sex” as referring to gender identity rather than biological sex “has given rise to significant litigation regarding school restrooms and locker rooms.” A copy of the Dear Colleague Letter may be accessed here.
Continue Reading U.S. Departments of Justice and Education Withdraw Federal Transgender Student Guidance
On January 30, 2017, the Connecticut State Department of Education (“CSDE”) released a memorandum titled, “Guidance for Districts Regarding Refugee Students,” in response to an Executive Order signed on January 27, 2017, restricting immigration into the United States. The CSDE memorandum reaffirmed the obligation of public schools to provide children with an education regardless of their race, color, national origin, citizenship, immigration status, or the status of their parents.
Continue Reading State Department of Education Addresses Immigration Executive Order