On July 30, 2019, the Connecticut Supreme Court decided a First Amendment free speech case with significant implications for both local and regional boards of education and institutions of higher education. In Haughwout v. Tordenti, 332 Conn. 559 (2019), the Court heard an appeal of a Southern Connecticut State University student who had been expelled for […]
The Individuals with Disabilities Education Act (IDEA) is a landmark federal statute that protects the rights of children with disabilities to receive a free and appropriate public education. One of the keys to ensuring that a public school district provides an appropriate education is the proper evaluation of the impact of the child’s disability on […]
The IDEA currently requires a parent to “exhaust administrative remedies” before filing a complaint based on another statute, if the parent seeks relief that is available under the IDEA. In other words, a parent must file an IDEA due process complaint before filing a disability discrimination complaint in federal court under Section 504 or Title II, […]
The United States Department of Education recently closed the public comment period for its proposed Title IX regulations, and school boards and administrators must be ready for significant changes in the coming months. The regulations, while not yet finalized, will replace existing guidance from the Office for Civil Rights regarding in the investigation and remediation of sexual […]
On October 9, 2018, the United States Supreme Court denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision of a free appropriate public education (“FAPE”), and letting stand the 2018 decision of the […]
With the use of video surveillance systems fully entrenched in school districts nationwide, school officials have seen an increase in parental requests for access to such videos, particularly as they relate to disciplinary matters, bullying allegations, or allegations of misconduct. Such requests are governed by the federal Family Educational Rights and Privacy Act (“FERPA”), which establishes […]
The parent of a student receiving special education services in the Highland Community School District in Iowa had a long history of disagreements with the district regarding the program and services offered to her child pursuant to the child’s Individualized Education Program (“IEP”). See Cazwiell-Sojka v. Highland Community School District, No. 3:17-cv-00020 (S.D. Iowa February 21, 2018). […]
The United States Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) recently issued several policy guidance letters addressing important issues related to state and districtwide assessments, preschool programming, and disagreements during Planning and Placement Team (PPT) meetings, known under federal law as IEP team meetings. While informal and nonbinding, these concise and digestible […]
The Connecticut State Board of Education (State Board) adopted Standards for Educational Opportunities for Students Who Have been Expelled (Standards) onJanuary 3, 2018. The State Board acted in response to P.A. 17-200, An Act Concerning Education Mandate Relief, containing a directive that the Connecticut State Department of Education (CSDE) adopt such standards. The Standards delineate two permissible options […]
On Wednesday, January 17, the Connecticut Supreme Court issued its highly anticipated decision regarding the adequacy of education funding from the State. In Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, 2018 WL 472325 (2018), the court ruled that the State met its obligation to provide “minimally adequate” funding to school districts across Connecticut, and did […]
