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U.S. Department of Education Releases New Title IX Regulations Requiring Sweeping Changes to How Schools Must Investigate and Respond to Sexual Harassment

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 […]

May 1 Non-Renewals May Be Sent Via Email and/or Delayed

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 […]

State Department of Education Issues FAQ – Bus Contracts, Employees and Third Party Consultants

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 […]

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 Letter addresses (1) […]

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 […]

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, […]

Title IX and Sexual Harassment: Key Considerations as the Department of Education Moves Closer to Adopting New Regulations

The United States Department of Education recently closed the public comment period for its proposed Title IX regulations, and school boards and administrators must be ready for significant changes in the coming months.  The regulations, while not yet finalized, will replace existing guidance from the Office for Civil Rights regarding in the investigation and remediation of sexual […]

Teacher Tenure Laws Take Another Hit

Teachers generally enjoy job protection which is much greater than all other public sector employees.  Such laws have been much criticized in recent years as a result of the increased focus on student performance.  Reports of “rubber rooms” in New York, where incompetent teachers were parked, have been much publicized and much maligned.  Some states, […]