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|There are ‘Hearings’ and then there are ‘Hearings.’ But What Kind of ‘Hearing’ Does Due Process Require?|
Derek T. Teeter; Husch Blackwell LLP;
December 8, 2014, previously published on November 18, 2014Students at public colleges and universities have a right to procedural due process before being deprived of a constitutionally protected interest in continued education; private colleges and universities may grant students similar rights through contract. Where students have the right to...
|Guidance Regarding Equal Access to Educational Resources|
Lamb Barnosky LLP;
November 28, 2014, previously published on October 29, 2014The U.S. Department of Education's Office for Civil Rights ("OCR") recently issued guidance in the form of a "Dear Colleague" letter to public elementary and secondary schools regarding schools' legal obligations to provide students with equal access to educational resources...
|New Laws Regarding Emergency Medical Treatment|
Lamb Barnosky LLP;
November 28, 2014, previously published on November 12, 2014Governor Cuomo recently signed legislation that expands access to emergency medication for students and school personnel. One new law, which goes into effect on March 5, 2015, allows school employees to administer epinephrine auto-injectors (“epi-pens”) to students or staff without...
|Court Strikes Down Environmental Review of the Kern Water Bank|
Christopher G. Foster; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In 1994, in response to the devastating drought of the late 1980s and early 1990s, the California Department of Water Resources and the State Water Project contractors entered into the so-called “Monterey Agreement,” regarding water deliveries to certain contractors, primarily in...
|School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay|
Jeff Mitchell; Dentons Canada LLP;
November 21, 2014, previously published on October 6, 2014Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely, generalized anxiety disorder. She took a disability leave on October...
|Internships out of Fashion? Wage Lawsuits on the Rise in New York|
Dino A. Bovell, Michael R. Marra; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 14, 2014, previously published on October 18, 2014Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing, merchandising, production, and public relations. The continuing role of such...
|California Adopts Unprecedented “Yes Means Yes” Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations|
Andrea N. Jones, Tracy A. Warren; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
November 14, 2014, previously published on October 17, 2014On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California campuses. In stark contrast to the standard from which...
|Ebola on Campus: Questions to Ask for Required Emergency Response Planning|
Anne D. Cartwright; Husch Blackwell LLP;
November 12, 2014, previously published on October 23, 2014Colleges and universities are required to develop and publish emergency response and evacuation procedures. Is Ebola the sort of “emergency” legislators and regulators had in mind and, if so, how do you plan for it?
|All Pain, No Gain? U.S. Department of Education Releases Final Gainful Employment Rules|
Mark R. Falkowski; Husch Blackwell LLP;
November 12, 2014, previously published on November 3, 2014The U.S. Department of Education announced its long-awaited final gainful employment rule, which will take effect July 1, 2015. In making this announcement, the Department estimated 1,400 programs currently serving 840,000 college students would not pass the Department’s new standards, which...
|How to Respond to FOIA Requests For Overall Teacher Summative Ratings?|
Mark J. Sommaruga; Pullman & Comley, LLC;
November 12, 2014, previously published on October 16, 2014It has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level summative ratings of all teachers evaluated by the districts in the 2013-14 school year....