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In 2022, Governor Lamont signed into law new requirements for Connecticut boards of education (“BOEs”) to evaluate the indoor air quality (“IAQ”) and heating, ventilation…

Continue Reading Fresh Air: New Indoor Air Quality and HVAC Requirements for Connecticut Public Schools

College CampusEarlier this month, Massachusetts’ highest court ruled favorably for Massachusetts Institute of Technology (“MIT”) and three school officials in a wrongful death lawsuit closely watched…
Continue Reading Massachusetts’ Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances

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 decision finding that the antidiscrimination statute prohibits discrimination against transgender or transitioning individuals even where an employer’s religious exercise may be substantially burdened.
Continue Reading Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status

College CampusOn 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…
Continue Reading U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and Violence

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 that 1) the state’s public policy supports imposing an affirmative duty on schools to warn about and protect against the risk of insect-borne diseases and 2) an award of $41.5 million for the breach of that duty fell within the limits of just compensation.

Cara Munn was a 15-year-old student who participated in a school-sponsored trip to China in 2007.  The itinerary for this trip included a visit to Mount Pan, located in a forested region of northeast China.  Upon descending the mountain on foot, the student suffered several insect bites, and ten days later, began to experience symptoms of tick-borne encephalitis.  Though her condition subsequently stabilized, the student suffered permanent brain damage and has lost the ability to speak and has limited control of her facial muscles.  The student and her family sued the school for negligence. Following a 2013 jury trial, a federal district court in Bridgeport found the school negligent for failing to warn the student and her parents about the remote possibility of insect-borne diseases and ordered the school to pay $41.5 million in damages—$31.5 million of which was for non-economic damages such as pain and suffering.  The school appealed.  In August 2015, the Second Circuit found that the student’s injuries were foreseeable; however, the court requested guidance from the Connecticut Supreme Court on two specific issues:  1) whether state public policy imposed a legal duty on schools “to warn or protect against the foreseeable risk of a serious insect-borne disease when organizing a trip abroad and, if so, 2) whether the jury’s damages award, particularly the noneconomic portion, warranted [vacation of or reduction in the jury’s damages award].”
Continue Reading Connecticut Supreme Court Issues Decision in Munn v. Hotchkiss

Students in ClassroomOn 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

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource officer programs.  The new Safe School-based Enforcement through Collaboration, Understanding, and Respect (“SECURe”) rubrics are the result of the collaboration and partnership between these two federal agencies in an attempt to ensure that local and state educational agencies are implementing effective and positive school resource officer programs in the nation’s schools.  The SECURe rubric for local educational agencies aims to provide guidance to school districts on how to build trust between students and law enforcement officials through the school resource officer programs, while ensuring that school resource officer programs are administered responsibly in a non-discriminatory manner that takes a proactive approach to keeping students out of the school-to-prison pipeline.Continue Reading U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics for School Resource Officer Programs

forbesslblogrichmansmithslblogmooneyslblogFor those of you in Fairfield County, we are pleased to offer this seminar in our Stamford Office. Join Shipman & Goodwin attorneys Thomas B.
Continue Reading Stamford Location Added: What Every School Board Member Should Know: A Review of Legal Rights and Responsibilities – December 15th

ritterslblogbrochuslblogJoin attorneys Gary R. Brochu and Jessica L. Ritter for a timely presentation for board of education members. This workshop is intended to provide a…
Continue Reading Register Now for What Every School Board Member Should Know: A Review of Legal Rights and Responsibilities – December 15th