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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

NAIS and TABS Task Force Issue Final Report on Educator Sexual Misconduct

By Julie C. Fay and Natalie S. Wagner on Posted in Child Abuse and Neglect, Independent Schools, Supervision of Students, Teacher Employment, Evaluation and Dismissal

The Independent School Task Force on Educator Sexual Misconduct has released its final report, Prevention and Response: Recommendations for Independent School Leaders. This report incorporates feedback submitted in response to the August 2017 draft report released for comment and … Read more

Register Now for Data Privacy for Public and Charter Schools: What Lies Ahead

By Benjamin FrazziniKendrick and William J. Roberts on Posted in Public Schools, Records (Student Records), Seminars and Events, Students

Join Shipman & Goodwin attorneys Benjamin FrazziniKendrick and William Roberts; Christopher Wardrop, Senior V.P. Public Entity Practice of USI Insurance Services LLC; and Douglas Casey, Executive Director for the CT State Commission for Educational Technology (CET) for … Read more

Is Algorithmic Transparency the Next Regulatory Frontier in Data Privacy?

By William J. Roberts, Catherine F. Intravia and Benjamin FrazziniKendrick on Posted in Colleges and Universities, Independent Schools, Public Schools, Records (Student Records), Rights of Students, Students

On November 29, 2017, the House of Representatives Energy and Commerce subcommittee on Digital Commerce and Consumer Protection held a hearing on the use of computer algorithms and their impact on consumers.[1]

This was the latest in a series … Read more

Is Your Institution Ready for GDPR?

By William J. Roberts, Leander A. Dolphin and Benjamin FrazziniKendrick on Posted in Colleges and Universities, Independent Schools, Records (Student Records), Rights of Students

The requirements of the European Union (“EU”) General Data Protection Regulation (“GDPR”) come into effect on May 25, 2018.   These regulations promise to usher in sweeping changes to the way institutions, companies, and other organizations collect and handle the personal … 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

Statutory Changes to Athletic Trainer Laws: What’s New?

By Peter J. Maher and Laura Fisher on Posted in Colleges and Universities, Employer Responsibilities, Extracurricular Activities, Independent Schools, Public Schools, Supervision of Students

Earlier this summer, the Connecticut General Assembly passed Public Act No. 17-195, An Act Concerning Athletic Trainers (the “Act”), which amended the statute governing the professional requirements surrounding athletic trainers. Effective October 1, 2017, Section 1 of the Act amended … 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

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

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

By Laura Fisher and Peter J. Maher on Posted in Extracurricular Activities, Public Schools, Records (Student Records), Rights of Students, Students

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on February 23, 2017, Governor Dannel P. Malloy, together with Commissioner … 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

Connecticut State Department of Education Releases Lists of Due Process Hearing Officers and Mediators and New Process for Mediations

By Gwen J. Zittoun on Posted in Individuals with Disabilities Education Act (IDEA), Public Schools, Rights of Students, Special Education, Students

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers.  The hiring of new mediators was prompted … Read more

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