Skip to content

Education Law Client Advisory: Section 47 of Public Act 23-137 does not apply retroactively

By: Herbert Z. Rosen

On October 11, 2023, Berchem Moses secured a hearing officer’s order preventing the retroactive application of Section 47 of Public Act 23-137 concerning which party proceeds first with their evidence in a special education due process hearing to a case that had originally been filed with the Bureau of Special Education on May 1, 2023. […]

IDEA Eligibility Extended

By: Herbert Z. Rosen

This past legislative session, the Connecticut Legislature extended the timeline through which students are eligible for services under the Individuals with Disabilities Education Act (“IDEA”).  Per Public Act 23-137, all students remain eligible for special education services under the IDEA: Through the end of the school year[1] during which the student turns 22; or Until […]

Supreme Court Allows Parents to Bring ADA Claims Against School Districts for Monetary Damages

On March 21, 2023, the United States Supreme Court ruled that parents of students with disabilities who sue for disability discrimination under Title II of the Americans with Disabilities Act (“ADA”), do not have to exhaust their remedies under the Individuals with Disabilities Education Act (“IDEA”) before seeking monetary damages.  The case, Perez v. Sturgis […]

New OCR Resources: Title IX Compliance in Athletics Programs

The Department of Education’s Office for Civil Rights (OCR) released new resources to support equal opportunity in athletic programs consistent with Title IX of the Education Amendments of 1972.  Title IX prohibits discrimination based on sex in programs or activities receiving federal financial assistance and is enforced by OCR. OCR designed these resources to help students, […]

Connecticut absentee program, Learner Engagement and Attendance Program (LEAP), reports success since its launch

The Learner Engagement and Attendance Program (“LEAP”) reports success since its launch in April 2021. The program was established using federal Covid-19 relief funding with the goal of curbing student chronic absenteeism in the districts of Bridgeport, CREC, Danbury, East Hartford, Hartford, Manchester, Meriden, New Haven, New Britain, New London, Norwich, Stamford, Torrington, Waterbury and […]

NEWLY UPDATED: Guidance on School Obligations to Highly Mobile Children with Disabilities

The U.S. Department of Education recently issued a Letter to State Directors of Special Education on Ensuring a High-Quality Education for Highly Mobile Children, updating guidance and resources originally set forth in the Department’s July 19, 2013 Dear Colleague Letter. The purpose of the letter is to provide a list of resources and reminders to […]

NEW: Discrimination Based on Pregnancy and Related Conditions Resource

The Department of Education’s Office for Civil Rights released a resource to remind school communities that Title IX of the Education Amendments of 1972 protects students and employees from discrimination based on pregnancy and related conditions. Protections for Students Title IX protects students against harassment by school employees or other students because of their pregnancy […]

State Department of Education Publishes Guidance on Remote Learning and Dual Instruction

On September 27, 2022 the Connecticut State Department of Education [“CSDE”] released Guidance on the recent legislation surrounding Remote Learning and Dual Instruction [“Guidance”]. Definitions The Guidance reiterates that Sections 10-4w(c-d) prohibit dual instruction as part of remote learning. “Dual instruction” was defined as “the simultaneous instruction by a teacher to students in-person in the […]

SB 1 Guarantees Teachers a Minimum 30 Minute Uninterrupted Lunch

By: Floyd J. Dugas, Esq.

In the waning hours of the recently concluded session, the Legislature added a provision to a bill on childhood mental health requiring that all certified staff having direct contact with students receive a minimum uninterrupted lunch of 30 minutes.  While legislation (C.G.S. §10-156a) already existed requiring that teachers be provided a duty free lunch, it […]

Governor Announces Plan to End Statewide Mask Mandate for Schools and Childcare Centers

By: Rebecca Goldberg

Governor Lamont announced a plan to end the statewide mask mandate for schools and childcare centers in Connecticut effective February 28, 2022.  The plan places the decision whether to require masks in schools and childcare centers with local authorities. With Governor Lamont’s emergency powers set to expire on February 15, 2022, the governor reached an […]