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U.S. Department of Education Releases New Title IX Regulations Requiring Sweeping Changes to How Schools Must Investigate and Respond to Sexual Harassment

The United States Department of Education released long awaited Title IX Regulations (Regulations) on May 6, 2020. The Regulations impose legal obligations on state and local educational agencies and institutions that receive federal financial assistance. The Regulations which take effect on August 14, 2020 require significant changes to how school districts, colleges and universities investigate […]

May 1 Non-Renewals May Be Sent Via Email and/or Delayed

Pursuant to the power granted in him by the Governor in Executive Order 7C, in a Memorandum to Superintendents of Schools dated April 13, 2020, Commissioner of Education Dr. Miguel A. Cardona modified the statutory requirements for non-renewals for the 2019-20 school year. Specifically, the Memorandum does the following: Notes non-renewals can still occur by May […]

State Department of Education Issues FAQ – Bus Contracts, Employees and Third Party Consultants

Amidst numerous questions on what “practicable” means in both the CARES Act and Executive Order 7R, and as to what costs of bus contractors Districts should continue to pay, Legal Director for the State Department of Education released a FAQ [] with 18 different questions and answers, ranging from what is the legal effect of […]

Bureau of Special Education Guidance Addresses Special Education Programming, Communication and Compliance During COVID-19 Pandemic

On March 24, the Connecticut State Department of Education’s Bureau of Special Education (“BSE”) issued a Letter to Superintendents addressing the provision of continued educational opportunities and special education during the COVID-19 pandemic.  Based in part on prior guidance issued by the United States Department of Education (“DOE”) and executive orders issued by Governor Ned Lamont, the Letter addresses (1) […]

Department of Education Offers Flexibility, Encourages Cooperation to Provide Students with FAPE During COVID-19 Pandemic

On March 21, the United States Department of Education’s Offices for Civil Rights and Special Education Programs (“OCR” and “OSEP”) issued a joint guidance document affirming every school district’s obligation to continue providing a free appropriate public education (“FAPE”) to students with disabilities during the COVID-19 pandemic, while also acknowledging the impact of school closures […]

Student Privacy Policy Office Offers Insights for Virtual Learning During COVID-19 Pandemic

School districts across the state are working hard to provide virtual learning opportunities to public school students while buildings remain closed due to the COVID-19 pandemic. Continuing education must, however, be provided in compliance with federal and state privacy laws, including the Family Educational Rights and Privacy Act (“FERPA”).  This week, the United States Department of […]

COVID-19: What do the Governor’s Executive Orders Mean for Schools?

On March 10, 2020, Governor Ned Lamont declared a public health and civil preparedness emergency in response to the outbreak of the coronavirus (COVID-19).  This declaration permits the Governor to issue a broad range of orders regarding public health and safety, including the suspension or modification of state law, and remains in effect until September 9, […]

DCF Amends Failure to Report Policy to Allow for On-line Reporting In “Non-Emergent” Situations

The Department of Children and Families (DCF) has issued a revised policy on “Mandated Reporters Failure to Report” providing a mechanism for on-line reporting as an alternative to telephonic reporting.  The new policy, following a year long pilot, provides a welcome alternative to long waits on hold which callers can experience. Specifically, revised policy 22-1-3 permits on-line […]

Child Advocate Recommendations Offer Insights for Child Sexual Abuse Prevention Policies and Procedures

In October 2019, the State of Connecticut Office of the Child Advocate (OCA) issued a letter offering significant preliminary recommendations for the prevention of child sexual abuse in public schools. The OCA was originally asked to conduct an independent outside review of a local board of education’s child sexual abuse prevention policies and procedures in June 2019, […]