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Connecticut Expenditure Limitation During a Referendum

With budget season in full swing, readers may wish to re-acquaint themselves with Connecticut law limiting the expenditures of public funds when a referendum is pending. These rules apply to Boards of Education. To begin with, until a referendum is actually pending, i.e. all the steps necessary to have it placed on the ballot have […]

Medication Administration Regulations Amended

This fall, Connecticut  revised the regulations implementing those provisions of Section 10-212a of the General Statutes concerning administration of medications in school by school personnel. The revised regulations require school districts to develop and implement policies and procedures dictating which school personnel authorized by the statutes will have actual authority in the district to administer […]

Bullying Not Just a Problem Among Students Anymore

In an opinion by the Honorable Superior Court Judge Henry S. Cohn, the Connecticut Superior Court dismissed the appeal of a teacher whose name was placed on the child abuse and neglect registry after a Department of Children and Families (“DCF”) hearing officer determined, pursuant to Conn. Gen. Stat. § 17a-101g (b), that the teacher […]

U.S. Federal Court Gives Constitutional Nod to New Hampshire Patriot Act Authorizing Daily Time for Public School Students to Cite the Pledge of Allegiance

In the most recent of legal challenges to the recitation of our country’s Pledge of Allegiance by public school students, the U. S. Federal Court of Appeals for the First Circuit rendered a decision last month in the case of Freedom From Religion Foundation v. Hanover School District, 09-2473. In this case, the Court upheld as constitutional […]

Bullying Case Permitted to Proceed to Trial

In a decision issued in September 2008, a Connecticut Superior Court judge ruled in the case of Dornfried v. Berlin Board of Education, that there is no private right of action under Connecticut’s anti-bullying statute.  In Dornfried, a high school student and his parents sued the principal, athletic director, and head football coach, claiming that the […]

Connecticut Supreme Court Addresses Whether Mid-Year Increase in Teacher Workload Constitutes Unilateral Change of Condition of Employment

In a decision released by the Connecticut Supreme Court on November 16, 2010, Board of Education of Region 16 v. State Board of Labor Relations et al., Region 16 appealed to the Superior Court challenging a decision by the state board of labor relations (“SBLR”) which concluded that the school district had unilaterally changed a condition […]

Doctor’s Claim of Student Disability Due to Mold Allergy Rejected

In a decision released Monday by the State of Connecticut Department of Education, Case No. 09-552, a hearing officer found a student with asthma and allergies triggered by various environmental allergens, including mold and pollen, was not eligible for special education services under the category of Other Health Impaired (OHI).  The student, a senior in high school […]

New Jersey’s Division of Civil Rights Finds Probable Cause For a Student Complaint Alleging Hostile School Environment Based Upon Bias-based Peer Harassment

The New Jersey Division of Civil Rights (NJDCR) recently announced a finding of probable cause in the discrimination complaint filed by the parent of a middle school student claiming that her son was subjected to a hostile school environment based upon harassment by his peers for his perceived sexual orientation and religion. What makes this […]

U.S. District Court Rules that Employees’ Social Networking Sites Are Discoverable in a Sexual Harassment Suit against Employer

In Equal Employment Opportunity Commission v. Simply Storage Management, L.L.C. and O.B. Management Services, 2010 U.S. Dist., LEXIS 527661, (“E.E.O.C. v. Simply Storage”) the United States District Court, Southern District of Indiana, was asked to decide a basic discovery issue in a novel context when the parties to this sexual harassment suit failed to agree on whether […]

Time Has Come to Implement ISS Law

Beginning on July 1, 2010, schools will be required by law to implement the school suspension law first passed in 2007 creating a presumption for in-school suspension and whose implementation date was twice extended by the Connecticut legislature as recently as October 2009. With the close of the May 2010 legislative session, the Connecticut legislature […]