Originally appeared in the CAS Weekly Newsletter
Dear Legal Mailbag,
As the principal of an elementary school, I usually get along great with my Superintendent.
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See You In Court – April 2023
The members of the Nutmeg Board of Education were used to an irascible public, but one parent whom they call “Angry Al” has them worried. Al
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Thomas Mooney, Andreana Bellach and Natalia Sieira Millan Present CAPSS Webinar “Who Will Teach the Children? Staffing Challenges in the Time of COVID-19”
Thomas Mooney, Andreana Bellach and Natalia Sieira Millan presented the Connecticut Association of Public School Superintendents (CAPSS) webinar entitled “Who Will Teach the Children?
Continue Reading Thomas Mooney, Andreana Bellach and Natalia Sieira Millan Present CAPSS Webinar “Who Will Teach the Children? Staffing Challenges in the Time of COVID-19”
Peter Maher Presents 2018 Education Legislation Review
The Connecticut Association of Public School Superintendents is hosting an upcoming event on October 3, 2018, where Peter Maher will present a review of the
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Learning Forum: Failure to Report Child Abuse and/or Neglect
Shipman & Goodwin’s School Law Practice Group is proud to host “Learning Forum: Failure to Report Child Abuse and/or Neglect,” a program presented by the
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Massachusetts’ Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances
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
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Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status
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.
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U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and Violence
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
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Connecticut Supreme Court Issues Decision in Munn v. Hotchkiss
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].”
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State Department of Education Addresses Immigration Executive Order
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.
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