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Emerging School Law Issues

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ADA Accessibility

Department of Justice Issues Final Rule on Web Accessibility and the ADADOJ Issues Proposed Rules Regarding State and Local Government Website Accessibility

Board of Education, Generally

CAS Legal Mailbag - 2/5/26CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/15/2026

Board Organization, Authority and Responsibilities

CAS Legal Mailbag - 2/5/26CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/15/2026

CABE Journal Columns

CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/22/26CAS Legal Mailbag - 1/15/2026

Certification

Teacher has Certification Suspended for One Year Following Facebook Posts that Ridicule Student’s NameAlert: Governor Signs Budget Implementation Bill Regarding EducationSubstitute Teachers Exempt From Bachelor’s Degree Standard For 2009-2010

Certified Staff and Collective Bargaining

Research Shows that Contractual Teacher Work Rules Can Impact a District's Ability to Address Student NeedsCustodian's Remark About "Bringing the School Down With Me" Sufficient Cause for TerminationTeacher's Breach of Contract Claim Dismissed Without Union Involvement

Child Abuse and Neglect

CAS Legal Mailbag - 1/29/26New DCF Policy Facilitates Online Reporting and Creates New Unit for School Districts!Reminder: Human Trafficking Awareness

Collective Bargaining

Governor Lamont Extends FFCRA Paid Leave Provisions for School EmployeesNew FMLA Regulations for School ParaprofessionalsSBMA Denies Union Grievance of Suspension for Insubordination

Collective Bargaining, Generally

Governor Lamont Extends FFCRA Paid Leave Provisions for School EmployeesSuperior Court Vacates Arbitration Award as Arbitration Panel did not Base Decision on ContractTypo in Collective Bargaining Agreement Costs City

Colleges and Universities

Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post Connecticut Independent Schools Face Major Leave Law Changes This FallOCR Confirms That the 2024 Title IX Regulations Are Vacated

Constitutional Rights

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary SchoolsOCR Issues Frequently Asked Questions and Connecticut State Board of Education Offers Guidance Regarding Dear Colleague Letter on Racial Discrimination and DEIOCR Issues “Dear Colleague” Letter on Racial Discrimination

Discipline

Connecticut Supreme Court Upholds Expulsion of University Student over True Threat of Gun ViolenceSEE YOU IN COURT! – May 2019CAS Legal Mailbag Question of the Week – 3/13/2019

Discipline of Special Education Students

CAS Legal Mailbag Question of the Week – 4/24/2019CAS Legal Mailbag Question of the Week – 4/10/2019Anne Littlefield Quoted in Special Ed Connection Article "After the MDR: What to do if student's misbehavior is manifestation of disability"

Discrimination

CAS Legal Mailbag - 3/13/25OCR Issues Frequently Asked Questions and Connecticut State Board of Education Offers Guidance Regarding Dear Colleague Letter on Racial Discrimination and DEIOCR Issues “Dear Colleague” Letter on Racial Discrimination

Dismissal

Teacher's Challenge to Termination Because of Blog DeniedReport Highlights Different State Approaches to Tenure and Reduction in ForceTeacher Who Used School Laptop to Download Pornography Reinstated to Position by Court

Employer Obligations

Connecticut FMLA and the Continuation of Medical Insurance: What are the Rules?Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary SchoolsConnecticut Public Schools Face Major Leave Law Changes This Fall – A Guide for Schools

Employer Responsibilities

Jessica Richman Smith and Thomas Mooney Answer Eight Key Questions for CASPA on Personnel Issues as the Pandemic EndsGovernor Lamont Extends FFCRA Paid Leave Provisions for School EmployeesSexual Harassment Training Requirements for School Districts

Employment of Teachers

Connecticut Independent Schools Face Major Leave Law Changes This FallGovernor Lamont Extends FFCRA Paid Leave Provisions for School EmployeesInsufficient Investigation Allows Lawsuit to Proceed

Environmental

Rain Check: Many Connecticut Schools May Now Be Subject to Requirements Regarding Stormwater ManagementRevisiting Lead Risks in Schools: Action Items for Independent SchoolsTake a Breath: Connecticut Legislature Provides Schedule Relief for Compliance With HVAC Requirements for Public Schools; Indoor Air Quality Obligations for 2024 Unchanged

Establishment of Religion

District Court Dismisses Challenge to Elimination of Religious Exemptions from School Vaccine MandatesA Texas Judge Allows Religious Messages on BannersVirginia School Board Votes to Return Ten Commandments Displays to Schools

Evaluation

CAS Legal Mailbag Question of the Week – 5/29/2019State Board of Education Adopts PEAC Recommendation Regarding Use of Master Tests in Educator Evaluation PlansRegister Now for Teacher Evaluations in Connecticut: Where Are We Now?

Executive Orders

CAS Legal Mailbag - 4/24/25OCR Issues Frequently Asked Questions and Connecticut State Board of Education Offers Guidance Regarding Dear Colleague Letter on Racial Discrimination and DEIOCR Issues “Dear Colleague” Letter on Racial Discrimination

Extracurricular Activities

Tom Mooney to Present at the Annual Legal Update of the National Federation of High School AssociationsStatutory Changes to Athletic Trainer Laws: What’s New?CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

Featured

Rain Check: Many Connecticut Schools May Now Be Subject to Requirements Regarding Stormwater ManagementConnecticut FMLA and the Continuation of Medical Insurance: What are the Rules?Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post 

Federal and State Role in Education

See You In Court – July/August 2025President Trump Issues Executive Order Entitled “Ending Radical Indoctrination in K-12 Schooling”CAS Legal Mailbag - 11/30/23

Finances

See You In Court - January 2026Social Security Administration Provides Updated Information for Increased Benefit Payments to Eligible Public School EmployeesGovernor Lamont Extends FFCRA Paid Leave Provisions for School Employees

Free Exercise of Religion

District Court Dismisses Challenge to Elimination of Religious Exemptions from School Vaccine MandatesSchool District Faced with Possible Lawsuit for Prohibiting Candy Canes with Religious MessageCourt Rejects Student's Challenge to Student ID Badge Requirement

Freedom of Information

CAS Legal Mailbag - 1/15/2026CAS Legal Mailbag - 9/25/25School Superintendents and Executive Session: A Cautionary Tale About the FOIA

Freedom of Speech

CAS Legal Mailbag - 2/5/26Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post See You in Court - October 2025

Immigration

CSDE Issues Guidance Regarding ICE Enforcement Actions at SchoolsWhat Schools Should Know About ICE Enforcement Actions

Independent Schools

Rain Check: Many Connecticut Schools May Now Be Subject to Requirements Regarding Stormwater ManagementThe One Big Beautiful Bill and School ChoiceConnecticut Independent Schools Face Major Leave Law Changes This Fall

Individuals with Disabilities Education Act (IDEA)

OSERS and OESE Release Guidance on Inclusive Educational Practices Regarding Students with DisabilitiesOffice for Civil Rights Releases New Data Snapshot Regarding the 2020-2021 Civil Rights Data CollectionPeter Maher Quoted in Special Ed Connection Article, "Pondering More Restrictive Placement for Unruly Student: Does it Constitute Predetermination?"

Liability

CAS Legal Mailbag - 10/10/24Fresh Air: New Indoor Air Quality and HVAC Requirements for Connecticut Public SchoolsMassachusetts' Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances

Medical & Other Leaves

Connecticut FMLA and the Continuation of Medical Insurance: What are the Rules?Connecticut Public Schools Face Major Leave Law Changes This Fall – A Guide for SchoolsConnecticut Independent Schools Face Major Leave Law Changes This Fall

Most Recent Columns

CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/22/26CAS Legal Mailbag - 1/15/2026

Non-Certified Staff and Collective Bargaining

New FMLA Regulations for School ParaprofessionalsContract Provision Allowing Removal of Bus Driver Does Not Violate Collective Bargaining Agreement

Public Schools

CAS Legal Mailbag - 2/5/26CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/22/26

Publications and Alerts

Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post 2025 Education Legislation SummarySee You In Court – July/August 2025

Records (Student Records)

CAS Legal Mailbag - 1/15/2026See You In Court - November 2023CAS Legal Mailbag - 10/12/23

Religion and the Schools

Supreme Court Addresses Religious Opt-Outs for LGBTQ-Inclusive Curricular Materials in Elementary SchoolsCAS Legal Mailbag - 12/12/24CAS Legal Mailbag - 9/28/23

Residency and School Attendance

CAS Legal Mailbag Question of the Week – 2/20/2019CAS Legal Mailbag Question of the Week – 6/8/2018In Aftermath of Hurricane Maria, Connecticut School Districts Reminded of Obligations to Displaced Puerto Rican Students

Responsibilities

See You In Court - October 2023CAS Legal Mailbag - 9/28/23State Department of Education Issues Guidance Regarding Extension of Special Education Eligibility

Rights of Students

Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post CSDE Releases Updated Guidance on Civil Rights Protections and Supports for Transgender StudentsCAS Legal Mailbag - 10/26/23

Rights of Teachers

U.S. Department of Labor Issues a New Rule with Ramifications for Overtime, But It Will Not Affect All School EmployeesGovernor Lamont Extends FFCRA Paid Leave Provisions for School EmployeesCAS Legal Mailbag Question of the Week – 3/27/2019

S&G News

Thomas Mooney Receives President's Award from Connecticut Association of Public School Superintendents (CAPSS)Shipman & Goodwin Attorneys Presenting at the 2019 CABE/CAPSS ConventionJessica Richman Smith Named a Partner of the Firm

Section 504 of the Rehabilitation Act of 1973

OCR Releases New Resources Regarding Common Medical Conditions and Section 504 ComplianceCAS Legal Mailbag - 10/26/23Julie Fay Quoted in Special Ed Connection Article, "IHPs versus Section 504 plans: Understanding the difference, and why it matters"

Seminars and Events

Past and upcoming education seminars and events in Connecticut.

Register Now for Connecticut Association Of Schools' (CAS) Annual Leadership Conference 2024Navigating the Ethical Landscape of AI: Examining Responsible AI Practices | A CASBO WorkshopThe 2023 Legislative Session: What Connecticut School Leaders Need to Know

Special Education

2025 Education Legislation SummarySpecial Education Legislative UpdateOSERS and OESE Release Guidance on Inclusive Educational Practices Regarding Students with Disabilities

Students

CAS Legal Mailbag - 1/29/26CAS Legal Mailbag - 1/15/2026CAS Legal Mailbag - 1/8/26

Superintendents

CAS Legal Mailbag - 10/10/24See You In Court - April 2023Thomas Mooney, Andreana Bellach and Natalia Sieira Millan Present CAPSS Webinar "Who Will Teach the Children? Staffing Challenges in the Time of COVID-19"

Supervision of Students

CAS Legal Mailbag - 10/10/24Massachusetts' Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain CircumstancesNAIS and TABS Task Force Issue Final Report on Educator Sexual Misconduct

Teacher Employment, Evaluation and Dismissal

Connecticut Independent Schools Face Major Leave Law Changes This FallU.S. Department of Labor Issues a New Rule with Ramifications for Overtime, But It Will Not Affect All School EmployeesSee You In Court - October 2023

Tenure

CAS Legal Mailbag Question of the Week – 4/10/2018Report Highlights Different State Approaches to Tenure and Reduction in ForceArbitrator Nods Off During Teacher Termination Hearing

Title IX

President Trump Issues Executive Order Entitled “Ending Radical Indoctrination in K-12 Schooling”OCR Announces “Directed Investigation” into All-Gender BathroomsCAS Legal Mailbag - 1/23/25

Uncategorized

CAS Legal Mailbag - 1/29/26See You In Court - May 2025CAS Legal Mailbag - 12/5/24

School Law

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