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 […]
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 […]
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 […]
On Friday, October 28, 2016, the United States Supreme Court announced that it will hear an appeal from a ruling by the 4th Circuit in the controversial case of G.G. v. Gloucester County School Board, 116 LRP 15374 (4th Cir. 04/19/16). In Gloucester, a transgender male high school student sought a preliminary injunction to allow his […]
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 […]
The McKinney-Vento Act governs the way states and local education agencies (LEAs) are required under federal law to support their homeless student populations. The McKinney-Vento Act requires schools to have policies and practices in place that encourage the immediate enrollment of homeless students, remove barriers to enrollment, including transportation, ensure the full participation of homeless […]
On October 11, 2016, less than a week away, a final rule amending the regulations for Title II of the Americans with Disabilities Act (ADA) will take effect. The new regulations will provide guidance to local government entities, including school districts, regarding the interpretation and application of the ADA Amendments Act of 2008 (ADAAA). Important for educators, […]
School is back in session once again, and districts are confronting the perennial challenge of educating students with a multitude of physical, cognitive and behavioral limitations. Among these conditions, Attention Deficit Hyperactivity Disorder (ADHD) stands out in both its ubiquity and its potential to thrust parents and school districts into conflict over appropriate educational programming. […]
On December 31, 2015, the Department of Education issued a Dear Colleague Letter before the beginning of the new year to remind schools of the importance of providing a discrimination free learning environment. The letter specifically focused on discrimination and harassment in schools based on race, religion, and national origin in light of the large […]
School employees who fail to report child abuse may face tougher penalties for failing to report such incidents to DCF or the police as a result of a law passed by the General Assembly. Public Act 15-205, An Act Protecting School Children, increases, from a class A misdemeanor to a class E felony, the penalty […]
