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Connecticut Education Law Blog

U.S. Supreme Court: Exhaustion of administrative remedies under the IDEA not required for disability discrimination claim if claim does not involve denial of FAPE

The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities access to a free appropriate public education (FAPE) and establishes a formal administrative framework within which disputes concerning the denial of FAPE are addressed. In addition, other federal statutes, such as the Title II of the Americans with Disabilities Act (ADA) and § 504 […]

Connecticut Swiftly Responds to Federal Rollback of Transgender Student Protections

Connecticut Governor Dannel P. Malloy has acted quickly to respond to recent developments in Federal law affecting the rights of transgender students by issuing an executive order reasserting the State’s protections for transgender people.  Despite a change in Federal guidance, and as detailed below, Connecticut affords greater protections to transgender people than currently provided under […]

The United States Department of Justice Withdraws Its Objection to a Nationwide Order Banning the Implementation and Enforcement of the Departments of Justice and Education’s Guidance on Transgender Students

On February 10, 2017, the U. S. Department of Justice (DOJ) under the Trump administration withdrew a motion made in November 2016 under the Obama administration with the U.S. Circuit Court of Appeals for the 5th Circuit; in its motion, the DOJ objected to a Texas Federal Court judge’s nationwide ban on the enforcement by the […]

Executive Order Aimed At “Sanctuary Jurisdictions” Meets Resistance Across Connecticut; Student and Family Privacy are Important Considerations

On January 25, 2017, recently elected President Donald Trump issued an Executive Order entitled “Enhancing Public Safety in the Interior of the United States.”  The stated purpose of the Order is to direct executive departments and agencies to employ “all lawful means” to enforce the immigration laws of the United States.  Among other things, the Order bolsters […]

U.S. Department of Education’s Office of Civil Rights Issues Guidance to Districts Regarding Restraint and Seclusion of Students with Disabilities

In late December of 2016, the Department of Education’s Office for Civil Rights (OCR) issued information to school districts regarding how the use of restraint and seclusion may result in discrimination against qualified students with disabilities in violation of Federal laws that prohibit disability discrimination, including Section 504 of the Rehabilitation Act of 1973 (Section […]

New IDEA Regulations Seek to Address Disproportionality on the Basis of Race and Ethnicity in Students with Disabilities

The United States Department of Education announced a new final regulation under Part B of the Individuals with Disabilities Education Act (“IDEA”).   The final regulations establish one standard States must use in determining (and seeking to eradicate) significant disproportionality based on race or ethnicity within its districts. The goal of the Department of Education […]

Circuit Split Over FAPE Standard Poised for Resolution

Starting on January 11, the Supreme Court will hear oral arguments for Endrew F. v. Douglas County School District, an appeal from the Tenth Circuit in which the Court is tasked with determining whether school districts must provide students with disabilities an “educational benefit” that is “more than de minimis” in order to satisfy the requirement […]

Changes to Student Discipline Laws Usher in New School Board Duties to Expelled Students

In 2016, the Connecticut General Assembly passed Public Act 16-147, which ushered in a series of changes regarding public school student discipline and expulsions.  Among its many notable provisions, the new law created changes to a Board of Education’s duty to offer an alternative educational opportunity to expelled students. At present, Connecticut law provides that […]

CCEJF v. Rell: Where Do We Stand?

On September 7, 2016, Superior Court Judge Thomas Moukawsher issued a 255-page Memorandum of Decision in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, a case that has been pending for more than 10 years. The decision held that the State provides a constitutionally acceptable amount of funding for education, but the distribution of the funding […]