SUMMARY: Tinker Survives: High Court in Mahanoy case concludes that schools may regulate off-campus speech that materially and substantially disrupts school programming but determines that school should not have disciplined student for vulgar off-campus Snapchat post. This week the U.S. Supreme Court released…
Caplan & Earnest LLC announced that it has added attorney John F. “Jack” Peters to the law firm’s Education Law section. He represents school districts in a variety of contested issues, including special education disputes, civil rights complaints, and truancy and…
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced a comprehensive review of the Department’s regulations implementing Title IX of the Education Amendments of 1972. This announcement is in response to President Biden’s Executive Order on Guaranteeing an Educational Environment Free…
The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act includes a $13.5 billion Education Stabilization Fund to help school districts expand distance and online learning. In addition, the Act permits the Secretary of Education to waive certain requirements…
The Family Educational Rights and Privacy Act (FERPA) prohibits educational personnel from disclosing personally identifiable information (PII) from students’ education records without the prior written consent of the students’ parents, unless an exception applies. This prohibition still applies to your…
Both the U.S. and Colorado Departments of Education have issued guidance reflecting that the highest priority over the coming months is to keep students and staff safe from COVID-19. To that end, state and local educational agencies have been relieved…
The State of Colorado and local governments continue to issue sometimes overlapping public health orders to mitigate the effects of COVID-19. Schools must comply with the most restrictive of the current orders that apply to them. Districts that desire to continue some…
The Families First Coronavirus Response Act (FFCRA) included two pieces of legislation that may impact your employees’ leave rights. The Emergency Paid Sick Leave Act affords employees two weeks of paid sick leave if they are unable to work because They…
Many boards are considering whether to provide the superintendent with emergency powers. Districts should be purposeful in considering the timing and scope of such a delegation including the extent to which the superintendent already has the authority to take steps…
With the recent passage of Colorado HB20-1301 (Electronic Attendance in School District Board Meetings), school board members may attend school board meetings electronically without the necessity of having a quorum physically present if they can hear each other and members…
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