Recent Articles

IDEA Regulations Revised to Allow Revocation of Parental Consent for Special Education

Michelle C. Laubin
December 17, 2008 14:25

Effective December 31, 2008, parents will be able to revoke consent for special education services and school districts will not be able to challenge the decision through mediation or due process.  In their comments to the new regulations, United States Department of Education officials...

Department of Labor Adopts Final Regulations to Family Medical Leave Act

Jennifer L. Marquis
December 03, 2008 17:26

The United States Department of Labor, the agency charged with the task of interpreting the Family Medical Leave Act (FMLA), issued final revised regulations to the Act on November 17, 2008. The regulations will take effect on January 16, 2009, just days before President-elect Barack Obama...

Coach Led Pre-Game Prayer Violates Establishment Clause

Floyd J. Dugas
November 20, 2008 13:52

In the case of Borden v. School District of the Township of East Brunswick, the 3rd Circuit Court of Appeals recently ruled that a coach’s participation in a pre-game prayer with his football team violated the establishment clause under the endorsement test.  The case involved prayer...

Second Circuit Formally Adopts LRE Standard

Michelle C. Laubin
October 27, 2008 15:55

In a recent decision, the United States Court of Appeals for the Second Circuit (NY, VT, CT) formally joined its sister circuit courts in adopting a standard for determining when a school district has fulfilled its responsibility to educate a student with disabilities in the least restrictive...

Board of Education Immune From Alleged Intentional Infliction Of Emotional Distress By School Principal Pursuant to General Statues ยง 52-557n(a)(2)

Warren L. Holcomb, Esq.
October 15, 2008 15:58

In Crosby v. Woodbridge Board of Education, the Superior Court confirmed that a public employer is immune from liability for intentional tort allegedly committed by an employee pursuant to General Statutes § 52-557n(a)(2) and therefore is entitled to judgment as a matter of law.  In this...

ADA Amendments Will Require Changes to 504 Forms and Procedures

Michelle C. Laubin
October 15, 2008 14:01

Since Congress has explicitly rejected the Supreme Court's decisions in Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturer v. Williams, some school districts may need to remove references to these cases from training materials and guidance for staff on defining "substantial...

Congress Broadens Obligations Under The Americans With Disabilities Act

Jennifer L. Marquis
October 10, 2008 16:28

Through H.R. 3195, our 110th Congress has vastly expanded the reach of the Americans with Disabilities Act, by effectively bringing within its reach a large number of individuals previously excluded under the current  jurisprudence interpreting the Act. The Act still maintains its primary...

SDE Issues New Guidance for Student Suspensions

Michelle C. Laubin
October 09, 2008 14:42

Commissioner of Education Mark McQuillan issued new guidance dated October 1, 2008 to all school districts to help implement the new requirements of Connecticut General Statutes Section 10-233c requiring all suspensions to be in-school rather than out-of-school (unless certain requirements are...

Student Blog Insults Not Protected by First Amendment

Michelle C. Laubin
September 29, 2008 01:52

The United States Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the District of Connecticut in the case of Doninger v. Niehoff et al., denying a preliminary injunction to a Burlington, Connecticut student that would have allowed the student to...

Cross-Examination of Witnesses Not Required at Expulsion Hearing

Michelle C. Laubin
September 23, 2008 03:42

The United States District Court for the District of Connecticut, Judge Eginton, has ruled in the case of E.K. v. Stamford Board of Education, 3:07cv00800 (WWE) that the due process rights of a student expelled for leaving threatening racist messages on the voice mail of a female student (among...