See You In Court - January 2025
Bob Bombast, veteran member of the Nutmeg Board of Education, has been frustrated by the perennial need to reduce the Board’s budget request before submitting it to the Nutmeg Board of Finance and its...
View ArticleNonrenewal of Michigan School Administrator Contracts
The deadlines are approaching for the nonrenewal of public school administrative contracts. Administrator contracts are governed by Section 1229 of the Michigan Revised School Code, MCL 380.1229, which...
View ArticleDo Your Homework – Considerations for Divorced Parents who Disagree on School...
In Massachusetts, shared legal custody is defined as “continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education,...
View ArticleProskauer Launches Collaboration with the Schools Consent Project – Education...
Proskauer is excited to announce a partnership with the Schools Consent Project (SCP) for a new pro bono collaboration in our London and New York offices. SCP aims to normalise conversations about...
View ArticleFederal Court Strikes Down 2024 Title IX Regs: Here’s What’s Next for School...
As 2025 begins and a new administration prepares to take office, a District Court in the Eastern District of Kentucky has set aside the April 2024 Title IX regulations put forth by the Biden...
View ArticleGovernor Murphy’s 2025 State of the State Address
Yesterday, Governor Phil Murphy delivered his annual State of the State Address, outlining an ambitious agenda aimed at securing economic opportunity and strengthening New Jersey’s future. Murphy is in...
View ArticleOhio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social...
Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the...
View ArticleLegal Update for Special Education Law – Case Law Update – January 2025
Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s...
View ArticleDepartment of Homeland Security Withdraws “Sensitive Location Enforcement”...
The Department of Homeland Security (DHS) is moving quickly to implement President Trump’s policy focus on enhanced enforcement of immigration laws. Earlier today, January 21, 2025, the Acting Director...
View ArticleUndocumented Students And The Obligations To Cooperate With “ICE” --Take Two...
Back in 2017, at the dawn of the first Trump administration, there was much concern about how school leaders should address issues involving “undocumented” students including the possibility of visits...
View ArticleBroad Street Brief: City Council Returns from Winter Recess
Mayor Parker Expresses Openness to Working with Trump Admin. Mayor Cherelle Parker expressed a willingness to collaborate with President Donald Trump on shared priorities, emphasizing the need for...
View ArticleWhat Schools Need to Know About Immigration Enforcement Activities Under the...
Schools are no longer exempt from immigration enforcement activities after President Donald Trump rescinded a Department of Homeland Security (DHS) policy last week that designated schools a "sensitive...
View ArticleNew Executive Order Addressing “Radical Indoctrination in K-12 Schooling”:...
On January 29, 2025, President Trump issued an Executive Order (“Order”) entitled “Ending Radical Indoctrination in K-12 Schooling.” The Order asserts that “schools indoctrinate children in radical,...
View ArticleOhio Public Schools Must Update Policies on Curriculum Content and Religious...
Ohio public schools will soon be required to adopt policies on curriculum content concerning sexual concepts, parental notification about students’ health and well-being, and time for students to...
View ArticleSee You In Court - February 2025
Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no...
View ArticleProtecting Students and Schools: Guidance on Federal Agent Presence
The Department of Homeland Security (“DHS”) has historically maintained a “sensitive spaces” or “protected areas” policy which restricted the U.S. Immigration and Customs Enforcement (“ICE”) agents...
View ArticleATIXA Mentor Match Spotlight
An ATIXA Tip of the Week - Stepping into the role of a Title IX Coordinator was a leap into the unknown for me. Coming from a background in employment law, I had no prior experience with Title IX...
View ArticleTrump on Education: ICE Policy Reversal’s Impact on Schools
Since 2011, the U.S. Immigration and Customs Enforcement (ICE) has been restricted by policy from conducting raids and other immigration enforcement actions in “sensitive locations” like schools,...
View ArticleDistrict Court Allows First Amendment and Due Process Claims to Proceed in...
Flynn v. Big Spring Sch. Dist., No. 1:22-CV-00961, 2024 U.S. Dist. LEXIS 168913, at *2 (M.D. Pa. Sep. 19, 2024) (District Court permits Plaintiffs who were regular attendants at school board meetings...
View ArticleCourt Finds School Board Erred in Punishing Teacher for Political Activity on...
Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the...
View ArticleGold Dome Report - Legislative Day 27 - March 2025
When lawmakers and lobbyists were greeted by the aroma of grilled peanut butter and jelly sandwiches in the Georgia State Capitol on Tuesday morning, there was no question what day it was. In addition...
View ArticleSchool Director’s First Amendment Rights Not Violated When Board and...
Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that...
View ArticlePennsylvania Perspective for Thursday, March 13, 2025
Extra Funding for Hundreds of PA School Districts in Question- Top Republican lawmakers are skeptical about Governor Josh Shapiro’s proposal to allocate an additional $494 million to underfunded...
View ArticleBrooks Pierce Capital Dispatch: Governor Releases Budget Recommendations,...
Governor’s Budget Recommendations - Gov. Josh Stein this week unveiled his state budget recommendations for the next two fiscal years. Entitled “North Carolina Strong,” it details a number of themes:...
View ArticleChallenge to State Regulatory Rules Offering Protections for LGBTQ+ Students...
When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations,...
View ArticleOhio Law Does Not Conflict with the Individuals with Disabilities in...
The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities...
View ArticleKey Considerations as K-12 Leaders Navigate Minefield Involving DEI, Federal...
K-12 school districts across the country now face a tight deadline to navigate a minefield with significant legal and funding implications....By: Parker Poe Adams & Bernstein LLP
View ArticleBringing a K-12 Perspective to the ATIXA Advisory Board
When I took on the role of Title IX Coordinator for the Salt Lake City School District in 2018, I had no prior experience in Title IX. Thankfully, I found my footing through ATIXA training for Title IX...
View ArticleNew Jersey FY 2026—Department of Education Budget Hearing
On April 21, 2025, New Jersey Department of Education (NJDOE) Commissioner Kevin Dehmer testified before the Assembly Budget Committee to present the Department’s FY 2026 budget proposal. The proposal...
View ArticleDialing Down the Distractions: New Ohio Bill Aims to Ban Cellphone Usage in...
Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns...
View ArticleThe Oceanside Pat On The Back Society
In the 401(k) industry, people get honored from time to time. Heck, I’ve even been named to 401k Wire’s Top 100 people in the 401(k) industry a couple of times. At no point, have I ever seen people...
View ArticleWhat K-12 Leaders Need to Know About the Trump Administration's New Executive...
The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April...
View ArticleTexas Bill Could Eliminate PSF Guaranty on School Bonds
Pursuant to Section 45.052 of the Texas Education Code, school district and charter school bonds (including refunding bonds) are eligible to be guaranteed by the corpus and income of the Permanent...
View ArticleOperating Cash-Flow Borrowing Options for Michigan Public Schools - May 2025
As Michigan public schools prepare their 2025-2026 budgets, they should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls....By: Miller...
View ArticleNew York State Education Law Regarding Substantial Equivalency Is Modified by...
On May 8, 2025, the New York State Legislature passed the state’s budget legislation and, on May 9, 2025, Governor Hochul approved it. The legislation included several provisions that modified the New...
View ArticleEPA Settles with Pennsylvania Schools Over Alleged Asbestos Violations
The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to...
View ArticleWhy Schools Should Start Security Planning Now: Leveraging Summer to Build...
As the end of the academic year approaches, school administrators face a critical but often overlooked opportunity: the chance to proactively plan for next year’s physical security needs. School safety...
View ArticleNYS School Smartphone Ban
Governor Hochul and the New York State Legislature recently reached an agreement on a “bell-to-bell” smartphone ban in schools. This new legislation will take effect for the 2025-2026 school year and...
View ArticleSpecial Education Legislative Update
In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and...
View ArticleGeneral Assembly Expands Eligibility for CT Family Medical Leave Act and CT...
Effective October 1, 2025, access to the Connecticut Family Medical Leave Act (“CT FMLA”) and Connecticut Paid Family Medical Leave Insurance (“CT Paid Leave”) will be expanded to include all...
View ArticleTransgender Accommodations and Parental Rights
A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022,...
View ArticleCleaning the Cupboard—Six More Decisions in One Day, and a Largely Harmonious...
As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....By: Epstein Becker & Green
View ArticleSupreme Court: Stop Holding Disabled Students to a Higher Bar
Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet...
View ArticleSupreme Court Holds ADA and Rehabilitation Act Lawsuits Against Public...
On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public...
View ArticleLegal Considerations for K-12 Leaders, Stakeholders After Historic NCAA...
For the first time ever, all Division I colleges and universities may decide to compensate their student-athletes directly through revenue sharing under the terms of the House v. NCAA settlement,...
View ArticleFailure to Address Harassment Supports Discrimination Claims
Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024). After a classmate was convicted for sexual assault of a student outside of school, the student’s family...
View ArticleRepeated Assaults of Kindergartner on School Bus Lead to Various Federal Law...
In October 2023, a five-year-old girl (Roe) in the Red Lion Area School District (District) was reportedly physically and sexually assaulted by a male student while riding a school bus. After this...
View ArticleSupreme Court Issues Decision on Legal Standard for Students Claiming...
The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination...
View ArticleSupreme Court Says ADA Does Not Require Bad Faith Demonstration to Award...
Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against...
View ArticleFederal Appellate Court Finds that School Board President Violated First...
The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking...
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