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Changes to Student Discipline Laws Usher in New School Board Duties to Expelled Students

In 2016, the Connecticut General Assembly passed Public Act 16-147, which ushered in a series of changes regarding public school student discipline and expulsions.  Among its many notable provisions, the new law created changes to a Board of Education’s duty to offer an alternative educational opportunity to expelled students. At present, Connecticut law provides that […]

OCR Publications Clarify District Obligations to Student with ADHD under Section 504

School is back in session once again, and districts are confronting the perennial challenge of educating students with a multitude of physical, cognitive and behavioral limitations. Among these conditions, Attention Deficit Hyperactivity Disorder (ADHD) stands out in both its ubiquity and its potential to thrust parents and school districts into conflict over appropriate educational programming. […]

U.S. Department of Education Tackles Discrimination of Refugees

On December 31, 2015, the Department of Education issued a Dear Colleague Letter before the beginning of the new year to remind schools of the importance of providing a discrimination free learning environment. The letter specifically focused on discrimination and harassment in schools based on race, religion, and national origin in light of the large […]

Failure to Train Staff Properly and to Take Prompt and Effective Action Costs Michigan School District Dearly in Federal Title IX Peer-on –Peer Sexual Assault Case

Michigan Forest Hills School District reached a $600,000 settlement with a female student who sued the district in federal court alleging that she was sexually assaulted in her school’s band room by a male classmate, MM.  The female identified as Jane Doe was a 15 year old sophomore at the time of the assault and […]

Posting Class Lists: is that a FERPA violation?

With the start of the 2014-2015 school year upon us, schools routinely post the class assignments in the public domain enabling other students and/or parents access to this information.  Many parents have expressed concern that such posting before the first day of class of the student’s name, room number, and the names of the students […]

Protecting Student Privacy When Cloud Computing and Outsourcing School Student Record Functions to Third Parties

The way student records are created, accessed and stored is changing drastically increasing concerns about schools’ ability to protect student privacy as required under laws such as the Federal Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA). Schools are shifting from a traditional paper model to the electronic creation, […]

OCR Chief and DOJ Section Head Answer Tough Questions From School Attorneys At National Law Seminar

U.S. Department of Education, Office of Civil Rights (OCR) Chief Catherine Lhamon along with U.S. Department of Justice (DOJ)Education Opportunities Section head Anurima Bhargava attended the April 2014 School Law Seminar held in New Orleans and fielded questions from attending school attorneys who sought clarification of the Departments’ position related to harassment standards for student […]

Snow Days and E-Learning

As this year’s snow-filled winter continues in Connecticut, so too do school cancellations for districts across the state. While students may enjoy the instant gratification that a snow day brings, few are as excited in June when make-up days must be added to the school calendar. Disruptions in the class schedule also impact teachers and […]