Connecticut Education Law Blog
Feds and Governor Issue Edicts Requiring Boards of Education to Pay Employees and Bus Contractor Employees
In a seemingly coordinated move, both the Federal Government and Governor Lamont have passed edicts forcing boards of education to continue paying their employees and employees of contractors providing school transportation and special education services during the Covid-19 emergency. Buried in the 800 plus page CARE Act, which was signed into law on March 27, 2020, is the following sentence: "A...
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...
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 on the...
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, 2020, unless terminated earlier. In...
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 reporting in...
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, following the arrest of...
State Supreme Court Affirms Constitutionality of Expulsion for “True Threats” of School Violence
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 violating several provisions of the...
Attorneys Ryan Driscoll And Christine Sullivan Win Important Decision For Trumbull Board Of Education In United States District Court
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 his/her education. The IDEA requires schools...
Fry Update: Parents’ Participation in PPT Meetings and Request for Mediation Does Not Necessarily Trigger IDEA Administrative Exhaustion Requirement
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, if the parent seeks relief which can be...
