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Missouri Says No Teacher Student Facebook Friendships

As school districts puzzle over what sort of rules and prohibitions should be included in board policies addressing teachers’ use of social networking sites, one state’s legislature has stepped into the breach. In Senate Bill 54, also known as the Amy Hestir Student Protection Act, Missouri effectively became the first state to ban exclusive communications between teachers and students on […]

Circuit Courts Continue Battle Over Free Speech Rights for Students

School districts in Connecticut looking for guidance on how to handle discipline of students engaging in provocative speech on-line at home have been watching with interest the outcome of two cases in the Third Circuit that seemed to reach conflicting results.  Both cases were re-heard by the Third Circuit Court of Appeals, sitting en banc, […]

New Anti-Bullying Statute Goes Into Effect Today

If you haven’t already, be sure to get a copy of Substitute Bill 1138, Public Act 11-232, effective July 1, 2011, which makes sweeping changes to the State’s anti-bullying statute applicable to public school districts.  The new law adds specific prohibitions against cyber-bullying, redefines “bullying” for purposes of the statute, and requires school districts to […]

Parent Cannot Revoke Consent for Special Ed, Then Claim Denial of FAPE

This is one of those (rare) moments where, as a school lawyer, you think common sense has prevailed.  We shouldn’t need a decision from a State hearing officer to tell us that once a parent has revoked consent for special education services, then the parent cannot come back and claim that the district has denied […]

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 […]

Connecticut Expenditure Limitation During a Referendum

With budget season in full swing, readers may wish to re-acquaint themselves with Connecticut law limiting the expenditures of public funds when a referendum is pending. These rules apply to Boards of Education. To begin with, until a referendum is actually pending, i.e. all the steps necessary to have it placed on the ballot have […]

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 […]

U.S. Federal Court Gives Constitutional Nod to New Hampshire Patriot Act Authorizing Daily Time for Public School Students to Cite the Pledge of Allegiance

In the most recent of legal challenges to the recitation of our country’s Pledge of Allegiance by public school students, the U. S. Federal Court of Appeals for the First Circuit rendered a decision last month in the case of Freedom From Religion Foundation v. Hanover School District, 09-2473. In this case, the Court upheld as constitutional […]