Top 5 Downloads:
#1 Download
2009 FLSA Self Audit Checklist Update - This popular self-audit checklist has been updated with practical comments and is intended for use by school district employers who wish to examine their pay practices. read more>>
#2 Download
Disciplining Students with Disabilities: A Self-Audit Checklist - Use this checklist to analyze your school district’s disciplinary procedures for students with special needs. read more>>
#3 Download
Avoiding Discrimination, Harassment, and Retaliation Lawsuits: A Self-Audit Checklist - During this challenging economic climate staffing changes can be tricky. The purpose of this checklist is to provide school districts with practical advice and concrete policies that they can implement right away in order to avoid claims of discrimination, harassment, or retaliation by employees who have been terminated. read more>>
#4 Download
COBRA Premium Extension Assistance - New legislation extends the COBRA Premium Assistance Program for involuntarily terminated employees and their families.
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#5 Download
E-Discovery: School District Self-Audit, Part II - A Self-Audit Checklist for your School District, Part II of the audit addresses litigation hold issues. read more>>
08/23/2010 - CLS
v. Martinez (U.S. S.Ct., June 28, 2010), a Hogan Lovells memorandum
The U.S. Supreme Court upholds a public law school’s policy limiting
official recognition of student groups to those organizations holding themselves
out as open to the entire student body.
read
more>>
08/23/2010 - .P.
v. Mamaroneck Union Free School District (2nd Cir. (N.Y.))
In developing a child’s Individualized Education Plan, school personnel
may engage in preparatory activities to develop a response to a proposal
from the child’s parents for discussion at a later IEP meeting with
them. read
more>>
06/23/2010 – Peck v. Baldwinsville Central School District 2008 WL 4527598 (N.D.N.Y.) Parents
of a kindergarten student filed suit against a school district alleging that
the censorship of the student’s poster on environment, which included
religious content, violated the First Amendment. At issue is whether the
actions of the school constituted viewpoint discrimination and is a violation
of the First Amendment. read more>>
03/24/2010 – Ross v. Baldwin County Board of Education, 2008 WL 820573 (S.D. Ala.) – The United States District Court, S.D. Alabama, Southern Division concluded that the plaintiff had made a sufficient prima facie showing of Title VII retaliation by her employer, the Baldwin County Board of Education, for engaging in the protected activity of demanding that her supervisor cease harassing her. read more>>
3/23/2010 - Rules About Title VII Retaliation Claims. Hogan & Hartson bulletin on Burlington Northern Sante Fe Railway, Co. v. White, (No. 05-259), in which the Supreme Court clarified in 2006, what constitutes retaliation under Title VII of the Civil Rights Act of 1964. Retaliation claims now constitute over 30% of Title VII claims; therefore, it is beneficial for all employers covered by Title VII to understand how retaliation claims can be made out by employees. read more>>
2/27/2010 - Third Circuit Court of Appeals Issues Seemingly Conflicting Rulings on School Discipline for Off-Campus Online Speech. On February 4, 2010, separate panels of the United States Court of Appeals for the Third Circuit issued two decisions involving students’ rights to express off-campus online speech. In each case, the Court of Appeals considered whether a school may discipline a student for creating an off-campus derogatory parody MySpace profile of the school’s principal. read more>>
02/03/2010 – State v. Best, No. A-77-08, 987 A.2d 605 (N.J. Feb. 3, 2010) – The New Jersey Supreme Court ruled that a school official need only have “reasonable grounds” rather than “probable cause” in order for the school official’s search of a student’s vehicle parked on school property to pass constitutional muster under the Fourth Amendment. The Fourth Amendment guards against unreasonable searches and seizures. read more>>
01/14/2010 – Weissburg v. Lancaster School District, No. 08-55660, 591 F.3d 1255 (9th Cir. Jan. 14, 2010) – The U.S. Court of appeals for the Ninth Circuit held that the parents of a special education student who succeeded in having his disability reclassified are a prevailing party under the Individuals with Disabilities Education Act (“IDEA”) and entitled to attorneys fees even though the student was provided with a free appropriate public education (“FAPE”). read more>>
9/18/2009 - 2009 FLSA Self Audit Checklist Update. This updated checklist will guide your school district when changing staffing and compensation practices as necessary based on the current economic climate. This checklist also provides your district with a list of the relevant state statutes that apply. read more >>
8/26/2009 - The U.S. Department of Education and other federal agencies have issued guidance documents and updates on several programs under the ARRA that are applicable to school districts. Some of the more significant developments include guidance on reporting requirements under Section 1512 of the ARRA; guidance for states and school districts seeking waivers under Title I, Part A; a notice pertaining to the Race to the Top program; and guidance for school districts planning to use a portion of their State Fiscal Stabilization Fund dollars to satisfy the maintenance of effort requirement under the Individuals with Disabilities Education Act. read more>>
8/7/2009 - In the case of Safford Unified School District #1 v. Redding, No. 08-479 (U.S. June 25, 2009), the U.S. Supreme Court, in an 8-1 decision, has ruled that a strip search of an Arizona student violated her Fourth Amendment right to freedom from unreasonable search and seizure, but concluded that school officials were entitled to qualified immunity from her lawsuit because her rights were not clearly established at the time. read more>>
8/4/2009 - Forest Grove School District v. T.A., No. 08-305 (U.S. June 22, 2009), the U.S. Supreme Court has ruled 6-3 that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement for private school placement of a special education student when a public school fails to provide that student with a free appropriate public education (FAPE), even if the student has not previously received special education services from the public school. read more>>
7/29/2009 - Horne v. Flores, No. 08-289 (U.S. S.Ct. June 25, 2009) The U.S. Supreme Court ruled 5-4 on funding for English Language Learner state programs and remands the case for further proceedings. The Equal Educational Opportunities Act (“EEOA”) requires that school districts take “appropriate action” to overcome language barriers for English Language Learner (“ELL”) students. Since 2000, state lawmakers in Arizona have been struggling to develop a school funding system that will provide adequate ELL funding in compliance with the EEOA. read more>>
07/06/2009 - The Office of Special Education Programs (OSEP) releases revised instructions on reporting about special ed services in order to improve tracking of States’ progress on serving special needs children. read more>>
06/02/2009 - Croft v Perry, (5th Cir 2009), unanimous 5th Circuit decision regarding prayer in schools. - Court unanimously decides that daily minute of silence in Texas public schools does not violate Establishment Clause. read more>>
06/01/2009 - Horne v. Flores, upcoming high court ruling regarding state English Language Learner (ELL) programs. - U.S. Supreme Court will soon rule on funding for ELL state programs. read more>>