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|Massachusetts Supreme Judicial Court Vacates Judgment Finding that Settlement Agreements Placing Students in Private Special Education Placements are Public Records|
Doris R. MacKenzie Ehrens; Murphy, Hesse, Toomey & Lehane, LLP;
January 22, 2016, previously published on October 2015In a decision in favor of the Weston Public Schools, the Supreme Judicial Court found that settlement agreements between a public school and parents of students who require special education services are exempt from the definition of public records under both the statutory and privacy exemptions to...
|DESE Mandates Method of Reporting and Submitting Physical Restraint Data|
Tami Fay; Murphy, Hesse, Toomey & Lehane, LLP;
January 22, 2016, previously published on November 2015On January 1, 2016, the revised regulations on physical restraint in public education programs, 603 CMR 46.00, will become effective. On November 19, 2015, In anticipation of new requirements under these regulations, the Department of Elementary and Secondary Education (“DESE”) posted a...
|A HS Student's Arrest Leads to Close Examination of School Resource Officer Roles & Responsibilities|
Wade Blumenshine; Heyl, Royster, Voelker & Allen Professional Corporation;
January 22, 2016, previously published on Winter 2016After a video of a school resource officer (SRO) arresting a student at Spring Valley High School in South Carolina went viral, public attention focused on the presence of SROs in schools throughout the country.
|Indiana Supreme Court Issues Ruling Addressing Procedures for Termination of Administrator’s Contract|
W. James Hamilton, Jonathan L. Mayes, Charles R. Rubright, Ahmed S. Young; Bose McKinney & Evans LLP;
January 18, 2016, previously published on December 17, 2015The Indiana Supreme Court ruled in a closely watched case, Jeffrey Hewitt v. Westfield Washington School Corporation, et al., --- N.E.3d --- (Ind. Dec. 15, 2015), that addressed what procedures schools must follow to terminate an administrator’s contract. While the Supreme Court ruled that...
|Emergency Regents Rules Regarding Teacher and Principal APPR Transition Ratings|
Lamb Barnosky LLP;
January 5, 2016, previously published on December 18, 2015On December 10, 2015, the New York Common Core Task Force formed by Governor Cuomo issued its report, which included, among other things, the recommendation to thoroughly review Common Core standards and implement new higher learning standards. It further recommended that, until new standards are...
|University Revises Transfer Policies in Effort to Combat Campus Sex Assault|
Scott D. Schneider; Fisher & Phillips LLP;
December 30, 2015, previously published on December 17, 2015One Title IX issue that has received considerable attention over the past several months is how colleges and universities should assess the student conduct records of students interested in transferring onto campus. Putting a finer point on it: should a finding that a student engaged in sexual...
|Settlement Agreements with Students Are Protected Student Records But Must Be Disclosed in Redacted Form Under Public Records Law, Says Massachusetts Supreme Judicial Court|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 22, 2015, previously published on November 30, 2015What is the responsibility of a public educational institution when it receives a public records request for material that it believes it must keep private under state and federal student records laws?
|Preparing for a New World of Collective Action by Student-Athletes|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 22, 2015, previously published on November 17, 2015With stunning speed, the balance of power between collegiate athletes and the institutions they play for has changed. Recent events at the University of Missouri may feel like a tectonic shift but the preceding tremors had been evident for some time. In this new normal of student-athlete...
|School District Faces Government Sanctions under Title IX for Denying Transgender Female Student Access to Locker Rooms|
Gregg E. Clifton, Michelle E. Phillips, Bethany Swaton Wagner; Jackson Lewis P.C.;
November 24, 2015, previously published on November 17, 2015An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil...
|Proposed New Optional Practical Training (OPT) Rules|
Sujata Ajmera, Lucrecia M. Davis, Minnie Fu, Raazia K. Hall, Sean G. Hanagan; Jackson Lewis P.C.;
November 12, 2015, previously published on November 9, 2015The U.S. Department of Homeland Security has proposed amending its regulations on the optional practical training (“OPT”) program to allow international F-1 students with U.S. degrees in the sciences, technology, engineering, or mathematics (“STEM”) — attained from...