On December 14, 2018, a federal district court in Texas issued a declaratory judgment that the Affordable Care Act (ACA) was unconstitutional. The recent Texas court ruling...
The standard in our circuit (the First Circuit Court of Appeals) for judging Individualized Education Programs (or IEPs) remains good law in the wake of Endrew F. – so says the First Circuit in a recent decision out of Massachusetts. In Johnson v. Boston Public ....
The Fourth Circuit Court of Appeals in a case out of Virginia has recently ruled in favor of a public school in a dispute over whether the school should have identified a child much sooner for special education based on her nonattendance at school...
Sexual harassment claims remain among the most sensitive, complex, and challenging issues with which schools continue to grapple. As reported in previous editions of the School Law Advisory, the U.S. Department of Education...
Don't miss this review of the latest developments in the estate planning realm. The year 2018 was full of new developments and attorney David Backer breaks it down with his insight and witty prose.
In July 2018, Business NH Magazine published a list of the five largest employers in each of the State’s ten counties. Interestingly, local governments (either counties, municipalities, or school districts) were among the top five in seven counties.
In September, the Maine Legislature passed L.D. 1924, An Act To Improve Information Sharing Relating to Investigations of Educators, which requires school units to notify the Maine Department of Education (MDOE) when they commence and when they complete certain investigations related to covered employees. The law, which takes effect ...
In Janus v. American Federation of State, County, and Municipal Employees, Council 31, the U.S. Supreme Court, by a 5-4 decision, held that requiring non-consenting public employees to pay “agency” or “fair share” fees violates ...
Changes to federal and state law and regulations mean that school units must update their local wellness policies. This article discusses those changes and provides some guidance to school units ready to make revisions...
Special education administrators and staff are well-familiar with the eligibility requirements contained in the Individuals with Disabilities Education Act (IDEA). As an initial matter, eligibility to receive special education services depends on whether a student has one of the 14 disabilities enumerated in the IDEA