On June 10, the United States District Court for the District of Connecticut issued a ruling regarding the age limitation for special education and related services which has significant implications for local and regional boards of education. Connecticut General Statutes Section 10-76d(b), and Regulation 10-76d-1(a)(4) currently provides that a school district’s obligation to provide a […]
The U.S. Department of Education released its final regulations on sexual harassment under Title IX which includes many sweeping changes to the existing definitions and standards and imposes significantly greater obligations on local school districts, effective August 14, 2020. On July 8, 2020, Floyd J. Dugas, Chair of the firm’s Labor & Employment practice, and […]
The United States Department of Education released long awaited Title IX Regulations (Regulations) on May 6, 2020. The Regulations impose legal obligations on state and local educational agencies and institutions that receive federal financial assistance. The Regulations which take effect on August 14, 2020 require significant changes to how school districts, colleges and universities investigate […]
Pursuant to the power granted in him by the Governor in Executive Order 7C, in a Memorandum to Superintendents of Schools dated April 13, 2020, Commissioner of Education Dr. Miguel A. Cardona modified the statutory requirements for non-renewals for the 2019-20 school year. Specifically, the Memorandum does the following: Notes non-renewals can still occur by May […]
Amidst numerous questions on what “practicable” means in both the CARES Act and Executive Order 7R, and as to what costs of bus contractors Districts should continue to pay, Legal Director for the State Department of Education released a FAQ [https://portal.ct.gov/-/media/SDE/Digest/2019-20/FAQ-Executive-Order-7R-Funding-Employees-and-Contractors.pdf?la=en] with 18 different questions and answers, ranging from what is the legal effect of […]
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, […]
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 Letter addresses (1) […]
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 […]
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 […]
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, […]
