A decision recently issued by the 9th Circuit Court of Appeals in J.G. v. Douglas County School District, 108 LRP 71106 (9th Cir. 2008), calls into question the validity of relying on the 45-school-day evaluation timeline in the state special education regulations for the completion of an initial special education evaluation as “reasonable”. In this case, […]
Effective December 31, 2008, parents will be able to revoke consent for special education services and school districts will not be able to challenge the decision through mediation or due process. In their comments to the new regulations, United States Department of Education officials explained that they believe that the right to revoke consent for […]
In the case of Borden v. School District of the Township of East Brunswick, the 3rd Circuit Court of Appeals recently ruled that a coach’s participation in a pre-game prayer with his football team violated the establishment clause under the endorsement test. The case involved prayer activities that had continued for a number of years. The coach would […]
In a recent decision, the United States Court of Appeals for the Second Circuit (NY, VT, CT) formally joined its sister circuit courts in adopting a standard for determining when a school district has fulfilled its responsibility to educate a student with disabilities in the least restrictive environment (LRE). In P. v. Newington Board of Education (10/9/08), […]
In Crosby v. Woodbridge Board of Education, the Superior Court confirmed that a public employer is immune from liability for intentional tort allegedly committed by an employee pursuant to General Statutes § 52-557n(a)(2) and therefore is entitled to judgment as a matter of law. In this case, a parent brought a claim on behalf of a […]
Since Congress has explicitly rejected the Supreme Court’s decisions in Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturer v. Williams, some school districts may need to remove references to these cases from training materials and guidance for staff on defining “substantial limitation” and “major life activities”. In addition, a new list of major life activities explicitly […]
Commissioner of Education Mark McQuillan issued new guidance dated October 1, 2008 to all school districts to help implement the new requirements of Connecticut General Statutes Section 10-233c requiring all suspensions to be in-school rather than out-of-school (unless certain requirements are met) as of July 1, 2009. This guidance was required by the legislation passed last […]
The United States Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the District of Connecticut in the case of Doninger v. Niehoff et al., denying a preliminary injunction to a Burlington, Connecticut student that would have allowed the student to run for class office despite being stripped […]
The United States District Court for the District of Connecticut, Judge Eginton, has ruled in the case of E.K. v. Stamford Board of Education, 3:07cv00800 (WWE) that the due process rights of a student expelled for leaving threatening racist messages on the voice mail of a female student (among other offenses) were not violated when the […]
The Family Policy Compliance Office (FPCO) issued a letter to a parent seeking access to records that clarifies the scope and requirements of the Family Educational Rights and Privacy Act (FERPA), noting that the school is not generally required by FERPA to provide a parent with access to school calendars or general notices such as announcements […]
