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Second Circuit: First Amendment Law Protecting Student Speech is Confusing

The next chapter in the continuing saga of Doninger v. Niehoff, et al. was decided and issued by the United States Court of Appeals for the Second Circuit on April 25, 2011.  You may recall reading about this case in 2008, when the Second Circuit upheld the decision of District Court Judge Mark Kravtiz denying the plaintiff […]

Medication Administration Regulations Amended

This fall, Connecticut  revised the regulations implementing those provisions of Section 10-212a of the General Statutes concerning administration of medications in school by school personnel. The revised regulations require school districts to develop and implement policies and procedures dictating which school personnel authorized by the statutes will have actual authority in the district to administer […]

Bullying Not Just a Problem Among Students Anymore

In an opinion by the Honorable Superior Court Judge Henry S. Cohn, the Connecticut Superior Court dismissed the appeal of a teacher whose name was placed on the child abuse and neglect registry after a Department of Children and Families (“DCF”) hearing officer determined, pursuant to Conn. Gen. Stat. § 17a-101g (b), that the teacher […]

Bullying Case Permitted to Proceed to Trial

In a decision issued in September 2008, a Connecticut Superior Court judge ruled in the case of Dornfried v. Berlin Board of Education, that there is no private right of action under Connecticut’s anti-bullying statute.  In Dornfried, a high school student and his parents sued the principal, athletic director, and head football coach, claiming that the […]

New Jersey’s Division of Civil Rights Finds Probable Cause For a Student Complaint Alleging Hostile School Environment Based Upon Bias-based Peer Harassment

The New Jersey Division of Civil Rights (NJDCR) recently announced a finding of probable cause in the discrimination complaint filed by the parent of a middle school student claiming that her son was subjected to a hostile school environment based upon harassment by his peers for his perceived sexual orientation and religion. What makes this […]

School District’s Suspicionless Sweeps of School Parking Lots and Unattended Lockers Using Sniffer Dogs Upheld As Constitutional by Connecticut Superior Court

The Connecticut Superior Court in Burbank v. Canton Bd. Of Education,  2009 WL 3366272 (Conn. Super. 9/14/09)  ruled against parents and students who sought to prohibit the Canton Public School District from continuing its practice of using local police to conduct suspicionless sweeps of parking lots and unattended lockers at its middle and high schools using dogs […]

When Is a Step-Parent a Parent for Purposes of Disclosing Educational Records?

An April 15, 2009 letter from the Family Policy Compliance Office (FPCO) addresses a complaint filed by a parent indicating that the school improperly disclosed the student’s private educational information to a step-parent and grandparent during a meeting at school.  If the child’s father has parental rights and permitted the disclosure to the step-mother and […]

“Surprising New Legislation Delays the Implementation Date for Connecticut’s In School Suspension Law to July 1, 2010”

On October 5, 2009, Governor Rell signed Senate Bill 2053, An Act Implementing the Provisions of the Budget Concerning Education, Authorizing State Grant Commitments for School Building Projects, and Making Changes to the Statutes Concerning Building Projects and Other Education Statutes. Section 56 of this bill addresses CGS 10-233c, Connecticut’s student suspension law. CGS 10-233c […]

Connecticut School Districts Must Implement New Suspension Law for the 2009-2010 School Year

As readers may recall, PA 07-66 created new standards for student suspensions in Connecticut requiring that student suspensions pursuant to 10-233c be in-school suspensions, unless the administration determines that the pupil being suspended poses such a danger to persons or property or such a disruption of the educational process that the pupil should be excluded […]

U.S. Department of Justice Has Released Guidance On Bullying In Schools: Bullying As the Most Underreported Safety Problem and Greatest Problem Affecting Student’s Sense of Security

The Department of Justice has just released guidance to help schools examine and respond to the issue of school bullying. In light of Connecticut’s strong anti-bullying laws and its new requirements that schools implement proactive strategies and conduct annual in-service training for certified staff on the topic, administrators are encouraged to view in its entirety […]