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HTMLSchool Boards Moving To Review Head Lice Policies
Maciej Lipinski; Borden Ladner Gervais LLP;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
The Toronto District School Board ("TDSB") has begun the process of reconsidering its strict policy on requiring children with head lice to remain home from school.1 TDSB spokesperson Ryan Bird described the reconsideration process as geared towards inclusion in the classroom:

 

HTMLOntario Introduces New Executive Compensation Framework
Jacquie Dagher; Borden Ladner Gervais LLP;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
On September 6, 2016, the Ontario Government introduced Regulation 304/16: Executive Compensation Framework (the "Framework") under the Broader Public Sector Executive Compensation Act, 2014 ("BPSECA") for broader public sector executive compensation. The Framework sets out...

 

HTMLOntario Ombudsman's Office Marks One Year Of School Board Oversight
Maciej Lipinski; Borden Ladner Gervais LLP;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
On August 18, 2016, the Ontario Secondary School Teachers' Federation welcomed Ontario Ombudsman Paul Dubé as its keynote speaker at the Summer Leadership Conference in Ottawa. The timing of the speech is significant, as September 2016 marks one year since the Office of the Ontario Ombudsman...

 

HTMLNew Jersey School Districts Have Duty of Reasonable Supervision of Students at Dismissal
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 11, 2016, previously published on September 29, 2016
Since the New Jersey Supreme Court decided Jerkins v. Anderson, 191 N.J. 285 (2007), it has been clear that school districts remain responsible to supervise their students during dismissal. In Jerkins, the Court set forth three elements that define the scope of this duty. This duty was more...

 

HTMLMichigan Supreme Court Declines to Weigh in on Non-Public School Funding
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
October 10, 2016, previously published on October 5, 2016
The Michigan Supreme Court has rejected Gov. Snyder’s request to issue an advisory opinion on the constitutionality of Section 152b of 2016 PA 249, which allows general fund money (up to $2.5 million) to be allocated to nonpublic schools. Critics argue that Section 152b, signed into law on...

 

HTMLWhite House Addresses Sexual Misconduct in K-12 Schools
Thomas Dorer, Susan D. Friedfel, Mariah H. McGrogan, Bethany Swaton Wagner; Jackson Lewis P.C.;
Legal Alert/Article
October 10, 2016, previously published on October 5, 2016
A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12 school districts have a legal obligation under Title IX to respond to...

 

HTMLClery Act Enforcement on the Rise: October 1, 2016 Deadline for Colleges and Universities to Complete and Distribute Annual Security Report Fast Approaching
Duane Morris LLP;
Legal Alert/Article
October 7, 2016, previously published on August 30, 2016
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, 20 U.S.C. § 1092(f) (34 C.F.R. 668.46), requires all schools, colleges and universities that participate in federal student financial aid programs to: (1) maintain and disclose to the public...

 

HTMLU.S. Department of Education Issues Additional Guidance for Higher Education Institutions Regarding Obligations Related to Third-Party Servicers
Duane Morris LLP;
Legal Alert/Article
October 7, 2016, previously published on August 24, 2016
Determining third-party servicer status of service providers is a fact-based inquiry with significant consequences for institutional reporting and contractual obligations

 

HTMLU.S. Department of Education Senior Department Official Announces Decision to Terminate Federal Recognition of Higher Education Accreditor
Duane Morris LLP;
Legal Alert/Article
October 6, 2016, previously published on September 23, 2016
In a letter to the Accrediting Council for Independent Colleges and Schools (ACICS) dated September 22, 2016, the designated Senior Department Official (SDO) at the U.S. Department of Education (“the Department”) announced her decision to terminate ACICS as an accrediting agency...

 

HTMLPublic Employee Has No First Amendment Protection for Racial Epithet
Keith B. Hill; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
October 4, 2016, previously published on Third Quarter 2016
In Brown v. Chicago Bd. of Educ., 824 F.3d 713 (7th Cir. 2016), the 7th Circuit held that a public school teacher, who was suspended for using a racial epithet in front of his students, was not afforded First Amendment protection because his speech was made pursuant to his employment duties.

 


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