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How to follow BIP protocols for restraint, seclusion during a pandemic

Reprinted with permission from: Special Ed Connection®. © 2020 LRP Publications, 360 Hiatt Drive, Palm Beach Gardens, FL 33418. All rights reserved. Students with behavioral issues may become agitated more easily upon the return to classrooms because of all the changes to their routine and school building. They may more quickly get to the point […]

District Court Ruling Extends Age of Eligibility for Special Education to Twenty-Two

On June 10, the United States District Court for the District of Connecticut issued a ruling regarding the age limitation for special education and related services which has significant implications for local and regional boards of education.  Connecticut General Statutes Section 10-76d(b), and Regulation 10-76d-1(a)(4) currently provides that a school district’s obligation to provide a […]

What schools need to know about the final Title IX regulations

The U.S. Department of Education released its final regulations on sexual harassment under Title IX which includes many sweeping changes to the existing definitions and standards and imposes significantly greater obligations on local school districts, effective August 14, 2020. On July 8, 2020, Floyd J. Dugas, Chair of the firm’s Labor & Employment practice, and […]

U.S. Department of Education Releases New Title IX Regulations Requiring Sweeping Changes to How Schools Must Investigate and Respond to Sexual Harassment

The United States Department of Education released long awaited Title IX Regulations (Regulations) on May 6, 2020. The Regulations impose legal obligations on state and local educational agencies and institutions that receive federal financial assistance. The Regulations which take effect on August 14, 2020 require significant changes to how school districts, colleges and universities investigate […]

May 1 Non-Renewals May Be Sent Via Email and/or Delayed

Pursuant to the power granted in him by the Governor in Executive Order 7C, in a Memorandum to Superintendents of Schools dated April 13, 2020, Commissioner of Education Dr. Miguel A. Cardona modified the statutory requirements for non-renewals for the 2019-20 school year. Specifically, the Memorandum does the following: Notes non-renewals can still occur by May […]

State Department of Education Issues FAQ – Bus Contracts, Employees and Third Party Consultants

Amidst numerous questions on what “practicable” means in both the CARES Act and Executive Order 7R, and as to what costs of bus contractors Districts should continue to pay, Legal Director for the State Department of Education released a FAQ [https://portal.ct.gov/-/media/SDE/Digest/2019-20/FAQ-Executive-Order-7R-Funding-Employees-and-Contractors.pdf?la=en] with 18 different questions and answers, ranging from what is the legal effect of […]

Bureau of Special Education Guidance Addresses Special Education Programming, Communication and Compliance During COVID-19 Pandemic

On March 24, the Connecticut State Department of Education’s Bureau of Special Education (“BSE”) issued a Letter to Superintendents addressing the provision of continued educational opportunities and special education during the COVID-19 pandemic.  Based in part on prior guidance issued by the United States Department of Education (“DOE”) and executive orders issued by Governor Ned Lamont, the Letter addresses (1) […]

Department of Education Offers Flexibility, Encourages Cooperation to Provide Students with FAPE During COVID-19 Pandemic

On March 21, the United States Department of Education’s Offices for Civil Rights and Special Education Programs (“OCR” and “OSEP”) issued a joint guidance document affirming every school district’s obligation to continue providing a free appropriate public education (“FAPE”) to students with disabilities during the COVID-19 pandemic, while also acknowledging the impact of school closures […]

Student Privacy Policy Office Offers Insights for Virtual Learning During COVID-19 Pandemic

School districts across the state are working hard to provide virtual learning opportunities to public school students while buildings remain closed due to the COVID-19 pandemic. Continuing education must, however, be provided in compliance with federal and state privacy laws, including the Family Educational Rights and Privacy Act (“FERPA”).  This week, the United States Department of […]