On March 10, 2020, Governor Ned Lamont declared a public health and civil preparedness emergency in response to the outbreak of the coronavirus (COVID-19). This declaration permits the Governor to issue a broad range of orders regarding public health and safety, including the suspension or modification of state law, and remains in effect until September 9, […]
The Department of Children and Families (DCF) has issued a revised policy on “Mandated Reporters Failure to Report” providing a mechanism for on-line reporting as an alternative to telephonic reporting. The new policy, following a year long pilot, provides a welcome alternative to long waits on hold which callers can experience. Specifically, revised policy 22-1-3 permits on-line […]
In October 2019, the State of Connecticut Office of the Child Advocate (OCA) issued a letter offering significant preliminary recommendations for the prevention of child sexual abuse in public schools. The OCA was originally asked to conduct an independent outside review of a local board of education’s child sexual abuse prevention policies and procedures in June 2019, […]
On July 30, 2019, the Connecticut Supreme Court decided a First Amendment free speech case with significant implications for both local and regional boards of education and institutions of higher education. In Haughwout v. Tordenti, 332 Conn. 559 (2019), the Court heard an appeal of a Southern Connecticut State University student who had been expelled for […]
The Individuals with Disabilities Education Act (IDEA) is a landmark federal statute that protects the rights of children with disabilities to receive a free and appropriate public education. One of the keys to ensuring that a public school district provides an appropriate education is the proper evaluation of the impact of the child’s disability on […]
The IDEA currently requires a parent to “exhaust administrative remedies” before filing a complaint based on another statute, if the parent seeks relief that is available under the IDEA. In other words, a parent must file an IDEA due process complaint before filing a disability discrimination complaint in federal court under Section 504 or Title II, […]
The United States Department of Education recently closed the public comment period for its proposed Title IX regulations, and school boards and administrators must be ready for significant changes in the coming months. The regulations, while not yet finalized, will replace existing guidance from the Office for Civil Rights regarding in the investigation and remediation of sexual […]
On October 9, 2018, the United States Supreme Court denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision of a free appropriate public education (“FAPE”), and letting stand the 2018 decision of the […]
With the use of video surveillance systems fully entrenched in school districts nationwide, school officials have seen an increase in parental requests for access to such videos, particularly as they relate to disciplinary matters, bullying allegations, or allegations of misconduct. Such requests are governed by the federal Family Educational Rights and Privacy Act (“FERPA”), which establishes […]
The parent of a student receiving special education services in the Highland Community School District in Iowa had a long history of disagreements with the district regarding the program and services offered to her child pursuant to the child’s Individualized Education Program (“IEP”). See Cazwiell-Sojka v. Highland Community School District, No. 3:17-cv-00020 (S.D. Iowa February 21, 2018). […]
