About Education Law Group

The Caplan and Earnest educational practice group is the largest in Colorado. Today, we support more than half the districts in the state with a wide range of legal counsel and support services. We have earned a national reputation for our work in the area of educational law, being involved in several landmark legal decisions that have helped shape public education statewide.

Bill Relaxes Limitations on PERA Retirees Working Full-Year Contracts for Rural School Districts

On June 6, Gov. John Hickenlooper signed into law House Bill 17-1176, which relaxes the limitations on rural school districts’ hiring of Colorado Public Employees’ Retirement Association (PERA) retirees who want to receive full retirement benefits. Previously, the law restricted PERA retirees to working no more than 110 or 140 days in any calendar year while continuing to receive full [...]

By |2017-06-28T08:36:46-06:00June 27, 2017|

Supreme Court Rules on Endrew F. v. Douglas County School District

The United States Supreme Court issued a decision today on the special education case of Endrew F. v. Douglas County School District, holding that the Tenth Circuit Court of Appeals applied the wrong standard in assessing whether the school district provided the child with a free appropriate public education as required by the Individuals with Disabilities Education Act. The Court [...]

By |2017-03-23T09:44:11-06:00March 23, 2017|

TECDA Requirements for the Nonrenewal of Probationary Teachers

The Teacher Employment, Compensation, and Dismissal Act of 1990 (TECDA) sets forth specific practices and requirements for Colorado school districts concerning the employment and dismissal of teachers, including probationary teachers. Under TECDA, a probationary teacher is deemed re-employed for the upcoming school year unless by June 1 the teacher has: 1) been given written notice of the school district’s intention to [...]

By |2017-03-16T15:21:13-06:00March 14, 2017|

Preparing for an IEP Meeting: A Checklist for Regular Education Classroom Teachers

The Individuals with Disabilities Education Act requires that an eligible student’s Individualized Education Program (“IEP”) be developed by an IEP team, which includes the student’s parents and a multidisciplinary team of school professionals. Under the law, regular education teachers are key members of a student’s IEP team. 20 U.S.C. § 1414(d)(1)(B). But how should a regular education teacher prepare for [...]

By |2017-02-17T14:44:05-06:00February 17, 2017|

This Week: Colorado Special Education Case to be Heard by U.S. Supreme Court

Oral Argument in the Matter of Endrew F. v. Douglas County School District On January 11, 2017, the United States Supreme Court will hear oral argument in Endrew F. v. Douglas County School District concerning the Individuals with Disabilities Education Act (IDEA), which requires school districts to provide children with disabilities with a free appropriate public education (FAPE). The question before the Court is [...]

By |2017-01-09T13:52:12-06:00January 10, 2017|

Federal Bill Could Legalize ‘Charlotte’s Web’ Strain of Medical Marijuana

The United States House of Representatives recently introduced a bill that would legalize a strain of medical marijuana oil, called “Charlotte’s Web,” that is currently in use in Colorado to treat patients with severe epilepsy. Specifically, the Charlotte’s Web Medical Hemp Act of 2014 seeks to exclude therapeutic hemp and cannabidiol—also known as CBD, a non-psychoactive compound in cannabis that [...]

By |2017-03-27T16:54:49-06:00September 22, 2014|

10th Circuit Decision to Overturn Utah’s Same-Sex Marriage Ban Holds Implications for Colorado

In a historic ruling, the 10th Circuit Court of Appeals recently determined that Utah’s ban on same-sex marriages is unconstitutional. The three-member panel, based out of Denver, became the first appeals court in the nation to rule on the matter. While the decision clearly has implications for Utah, it will also affect Colorado, which has a similar same-sex marriage ban [...]

By |2016-12-27T11:07:03-06:00July 2, 2014|

Can Electronic Data Defend Your Organization?

Proposed Federal Rules of Evidence on Hearsay Remind Organizations to Look at Data Systems A bedrock issue frequently facing business or public organizations in litigation is the admissibility of the organization’s electronic data—such as computerized personnel records in employment litigation or electronic payment records in a contract dispute—in court. Typically, a CEO or other organizational representative will not be able [...]

By |2016-12-27T11:07:03-06:00July 1, 2014|

Is Your School Ready for Ask.fm, Vapor Pens, and 7:10?

For many schools and school boards, the end of the school year is a good time to make sure school policies and procedures are still relevant and up-to-date. This year, we saw several trends hit schools that may require a policy update, including cyber-bullying, e-cigarettes and vapor pens, and marijuana. Cyber-Bullying and the New Generation of Social Networking Apps A [...]

By |2016-12-27T11:07:09-06:00April 7, 2014|

Update on Amendment 64: Marijuana and Schools

Colorado’s retail sales of marijuana began Jan. 1, 2014 with long lines of customers in Denver. In fact, it’s estimated that more than $5 million in legal retail marijuana was sold the first week of January alone, with possible projections of more than $600 million in sales this year.  Due to this expected increase in supply and demand of marijuana [...]

By |2016-12-27T11:07:11-06:00February 6, 2014|