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HTMLSenate Will Not Take Up 21st Century Cures Bill
McDonald Hopkins LLC;
Legal Alert/Article
January 26, 2016, previously published on January 22, 2016
The Senate had been expected to take up a companion bill to the House-passed 21st Century Cures bill. It appears that this will no longer happen. Instead of a comprehensive medical innovation bill, the Senate will instead work on several smaller bills that can attract wide bipartisan support.

 

Adobe PDFMassachusetts 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;
Legal Alert/Article
January 22, 2016, previously published on October 2015
In 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...

 

Adobe PDFDESE Mandates Method of Reporting and Submitting Physical Restraint Data
Tami Fay; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on November 2015
On 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...

 

HTMLA HS Student's Arrest Leads to Close Examination of School Resource Officer Roles & Responsibilities
Wade Blumenshine; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
January 22, 2016, previously published on Winter 2016
After 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.

 

Adobe PDFDESE Makes Use of Electronic Restraint Reporting Form Optional
Tami Fay; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on January 2016
In November, 2015, this office issued an Education Client Alert concerning a new, electronic Restraint Reporting Form posted by the Department of Elementary and Secondary Education (“DESE”). On January 5, 2016, the Department updated it guidance and determined that public education...

 

Adobe PDFDESE Publishes Guidance on Changes to Physical Restraint and Time-Out
Tami Fay; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on August 2015
On approximately July 31, 2015, the Department of Elementary and Secondary Education (“DESE”) published additional guidance on the implementation of physical restraint and time-out under the revised regulations at 603 CMR 46.00 et seq. Although the revised regulations are not effective...

 

Adobe PDFDESE Clarifies Responsibility for Virtual School Students in DYS Custody
Felicia S. Vasudevan; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on November 2015
On November 16, 2015, the Department of Elementary and Secondary Education (DESE), in response to a novel situation from a virtual school, clarified the responsibility of a virtual school, for a student in the custody of the Department of Youth Services (DYS).

 

HTMLIndiana 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;
Legal Alert/Article
January 18, 2016, previously published on December 17, 2015
The 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...

 

Adobe PDFEmergency Regents Rules Regarding Teacher and Principal APPR Transition Ratings
Lamb Barnosky LLP;
Legal Alert/Article
January 5, 2016, previously published on December 18, 2015
On 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...

 

HTMLUniversity Revises Transfer Policies in Effort to Combat Campus Sex Assault
Scott D. Schneider; Fisher & Phillips LLP;
Legal Alert/Article
December 30, 2015, previously published on December 17, 2015
One 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...

 


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