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Documents on Education Law, Education
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|How to Prepare for Your First IEP Meeting|
Chambliss Bahner Stophel P.C.;
December 28, 2016, previously published on December 7, 2016Public schools are required to create an Individualized Education Program (IEP) for each child receiving special education services. This legally binding document outlines the educational program and special services that a child with a disability will receive, and it is created by an “IEP...
|The Youth Sports Concussion Safety Act: Two Policies Every School Must Have for Student Athletes|
James Manning; Heyl, Royster, Voelker & Allen Professional Corporation;
December 19, 2016, previously published on Fall 2016The Youth Sports Concussion Safety Act was recently enacted in Illinois to establish concussion protocols and promote the safety of student-athletes on and off the field. Although initially passed by the Illinois state legislature in 2015 (Public Act 099-0245), implementation of the Act was...
|Public School Teacher Has No First Amendment Protection for Racial Epithet|
Keith B. Hill; Heyl, Royster, Voelker & Allen Professional Corporation;
December 19, 2016, previously published on Fall 2016In 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.
|The Battle Over the Bathrooms|
Brian Smith; Heyl, Royster, Voelker & Allen Professional Corporation;
December 19, 2016, previously published on Fall 2016Earlier this year, thirteen states and agencies (the Plaintiffs) filed suit against the Departments of Education, Justice, Labor, the Equal Employment Opportunity Commission, and various agency officials (the Defendants) challenging the Defendants’ position that Title VII and Title IX require...
|Ban the Box, But Do Your Due Diligence: New Legislation Relating to Employment Applications Goes Into Effect January 1, 2017|
Julie C. Fay, Laura A. Fisher; Shipman & Goodwin LLP;
December 8, 2016, previously published on November 14, 2016Connecticut recently joined other states with its passage of “ban the box” legislation which expressly limits the types of questions that can be asked of applicants on initial employment applications. Many states and municipalities across the country have adopted similar laws and...
|Reminder: Substance Use Prevention Policies Due to DESE by October 28, 2016|
Sarah Catignani; Murphy, Hesse, Toomey & Lehane, LLP;
November 25, 2016, previously published on October 2016As noted in our March 2016 Client Alert, as part of Massachusetts’ Omnibus Substance Abuse Legislation, there were several action items for schools. One of those action items was the requirement that all public schools must file their policies regarding substance use and prevention and...
|U.S. Supreme Court to Hear Transgender Student Case|
Thomas Dorer, Mariah H. McGrogan, Michelle E. Phillips; Jackson Lewis P.C.;
November 9, 2016, previously published on November 1, 2016The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13, 2016, announcing the Departments would “treat a...
|This Is Going on Your Permanent Record: Contract Principles Applied to Student Handbook in Plagiarism Case|
Lisa Kaplan; Ogletree Deakins Nash Smoak Stewart P.C.;
November 9, 2016, previously published on November 3, 2016On October 24, 2016, the First Circuit Court of Appeals upheld a summary judgment decision in favor of a university in a case brought by a student who was disciplined for violating Harvard Law School’s plagiarism policy. In Walker v. President and Fellows of Harvard College, No. 15-1154 (1st...
|Religion and Co-Parenting|
Wendy A. Mara; Mara Law, P.A;
November 7, 2016, previously published on Fall 2016Co-parenting after a divorce can be a challenge. This is especially so, if you and your former spouse have differing ideas about raising children. These differences may have been easier to manage or overlook while you were all living under one roof. This is most likely because you had more control....
|Alberta Court Upholds Human Rights Decision Against Independent School|
Katherine Deakon; Borden Ladner Gervais LLP;
October 27, 2016, previously published on October 24, 2016On August 10, 2016 the Court of Queen's Bench of Alberta released its judgment upholding an Alberta Human Rights Commission ("AHRC") decision related to students praying on an independent school's campus. The Court upheld $26,000 in damages awarded to two high school students (the...