Originally appeared in the CAS Weekly NewsBlast. Written by Attorney Thomas B. Mooney.

Dear Legal Mailbag:

legal_mailbag_transparentHave you noticed that parents increasingly have boundary issues as to what is their business and what is not? I have, and I need your help.

One of the parents in my school is actually a certified teacher, and she has announced that she will be attending faculty meetings at my school. The irony is delicious, of course, because I never before met a teacher who wanted to attend a faculty meeting. But this parent has claimed that she has the right to attend my meetings. Moreover, this parent labors under the misapprehension that we all wait breathlessly for her pronouncements, and I can only imagine how she will hijack the meeting and waste our precious time with her silly questions and inane comments.Continue Reading CAS Legal Mailbag Question of the Week – 3/24/16

Join School Law attorney Gary R. Brochu for this complimentary webinar, where he will discuss the various aspects of the roles and responsibilities of the…
Continue Reading There’s Still Time to Register! Board Member Boot Camp: Roles and Responsibilities Webinar

Security ImageIn 2013, as part of Public Act 13-1, Connecticut enacted legislation that requires the Department of Emergency Services and Public Protection (DESPP), in consultation with the State Department of Education, to develop school security and safety standards and further requires boards of education to establish committees to develop and implement school security and safety plans.  The state recently released its newest iteration of the security and safety standards as well as revised versions of its templates for district and school security and safety plans.  The new school security and safety standards are not yet posted on the DESPP website, but can be accessed here.
Continue Reading State Releases New School Security and Safety Standards

Young woman and recruitment procedure in corporationThis post originally appeared on the Connecticut Employment Law Blog.

In an decision of first impression in Connecticut, a federal court on Friday ruled that a transgender discrimination claim based on a failure to hire can proceed under both Title VII and Connecticut’s counterpart, CFEPA.

While the groundbreaking decision in Fabian v. Hospital of Central Connecticut (download here)  is sure to be the subject of discussion, as the court notes, Connecticut has — in the interim — passed a state law explicitly prohibiting discrimination on the basis of gender identity. Thus, for a few years now, Connecticut has already explicitly prohibited transgender discrimination under state law. (The case was based on facts that occurred before passage of the state’s anti-discrimination law.)

But the decision obviously goes further than that and takes up the logic advanced by the EEOC and others of late — namely that Title VII’s prohibition of discrimination “because of…sex” should be read to include transgender discrimination.  The court’s opinion should be mandatory reading not only in the state, but for practitioners nationwide faced with similar claims.Continue Reading Connecticut District Court Allows Transgender Discrimination Claim to Proceed Under Title VII & CFEPA

asbjlogo (00000002)The school board plays a pivotal role in improving student achievement

“Learning is not attained by chance. It must be sought with ardor and attended to with diligence.” — Abigail Adams

Barely a week goes by without the reporting of our ongoing and seemingly endless national debate about public education and the quality of our nations’ schools. This debate typically invokes such topics as testing, curriculum, funding, standards, parental involvement, teacher quality, and a myriad of school-related topics.

Only rarely does this national conversation turn to school boards and their role—positive or negative—in improving student achievement. School boards are a unique American institution, statutorily empowered with the responsibility of governing our public schools. Yet they are often an afterthought when it comes to discussions about the quality of the education provided to our children.Continue Reading The Governance – Achievement Link

Originally appeared in the CAS Weekly NewsBlast. Written by Attorney Thomas B. Mooney.

Dear Legal Mailbag:

legal_mailbag_transparentTeacher attendance is a problem in my school. To be sure, most of the teachers are committed professionals whose attendance is admirable. However, a few of my teachers are out a lot, sometimes calling out sick and other times asking for FMLA leave. To make matters worse, they often take all of their available personal days to boot. When you total it all up, some of them are out more than 10% of the school year.

Continuity of instruction is important, and I fear that these slackers are hurting student achievement at my school. I really want to do something, and I have come up with a plan that I intend to announce at the faculty meeting next week. But I don’t want to pick a fight that I cannot win, so here I am seeking a little free legal advice.

Specifically, I plan to keep careful track of teacher attendance, and when total absences in a school year for an individual exceed ten days, I will send a warning letter to the teacher that his or her attendance is unacceptable and that a continued pattern of absenteeism will result in further disciplinary consequences, up to and including termination of the contract. For good measure, these teachers will not be permitted to take any personal leave for the rest of the year. I think that this plan is a thing of beauty, but you are the lawyer, so you tell me. Can I do this?

Signed,
High StandardsContinue Reading CAS Legal Mailbag Question of the Week – 3/18/16

Originally appeared in the CAS Weekly NewsBlast. Written by Attorney Thomas B. Mooney.

legal_mailbag_transparentDear Legal Mailbag:

I have heard of the Freedom of Information Act; however, in my administrative preparation courses, the professors glossed over it and I never really understood the nuances of public records and the concomitant disclosure requirements. I must catch up quickly now, because there is a gadfly who unfortunately has set his sights on my school. He has asked to look at our curriculum, our employee handbook, our student handbook, and even teacher lesson plans. I have done my best to provide him access to these records, but my cooperation seems only to feed his interest in getting more and more information about my school.

Last week, he made a request that causes me great concern. In one of his regular FOIA requests, he asked to see “the final school safety and security plan” for my school, as well as blueprints for the school building. I have been involved in the review and implementation of our plan, and I can easily provide it to him. Moreover, I don’t think that this pain in the neck is a terrorist or anything. But, I don’t like the idea of releasing this plan to anyone. Can I just say no?

Signed,
Better Safe Than SorryContinue Reading CAS Legal Mailbag Question of the Week – 3/11/16

Close up on a file tab with the word contractors, focus on the main word and blur effect. Concept image for illustration of contractors or subcontractors company database.

A deeply divided Connecticut Supreme Court recently issued a long-awaited decision, Standard Oil v. Administrator, regarding who is an independent contractor.  The reason this is significant is that companies that utilize the services of independent contractors are not responsible for, among other taxes, unemployment compensation contributions.  The Board of Review of the Employment Security Appeals Division has long interpreted the statute liberally and in this case concluded that the first two prongs of the “ABC” test required that the workers be treated as employees.  The Connecticut Supreme Court overturned that ruling, finding that the workers were indeed independent contractors.

The ABC test requires a company seeking an exemption from the tax to meet all aspects of the statute.  Part A focuses on the company’s direction and control over the workers.  Part B looks at whether the work was performed at the company’s place of business or whether the work performed is integral to the company’s business.  Part C, which was not at issue in the case, is focused on whether during and after providing services to the company, the independent contractor held himself out as offering the same services to others and has continued in the business of providing the same services.Continue Reading The Test for Independent Contractors and Unemployment Taxes Made Friendlier

ConstructionChalkboardImageIn a previous Construction Corner post we discussed the procurement of an Architect for a school project. In this post, we will discuss the procurement of a General Contractor.

At the outset, it is essential to the procurement process that your solicitation document includes comprehensive, relevant, well organized and statutorily compliant content. This is particularly important for state assisted public school projects because CGS §10-287(b)(1) requires that (i) bids for the project be solicited pursuant to a public invitation to bid; (ii) the invitation to bid be advertised in a newspaper having circulation in the town in which construction is to take place; and (iii) the contracts for these projects to be awarded to the “lowest responsible qualified bidder”.

Additionally, if the contract for a state assisted project is estimated to exceed $500,000, CGS §4b-91(a)(4) also requires that (i) the invitation to bid be published on the State Contracting Portal; (ii) the contract awardee to be prequalified by the Connecticut Department of Administrative Services under CGS §4a-100; and (iii) the invitation to bid  identity the required prequalification classification.Continue Reading Construction Corner: Procurement of General Contractor