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Legal Articles, General Practice

Retirement Credits Denied For Teacher In Suspension for Sticky Fingers

In the case of Sekula v. State Teachers’ Retirement Board, a teacher appealed a decision by the Teacher’s retirement board when it denied his request to purchase retirement credits while he was suspended from teaching. A court’s review of the board’s decision is limited because the board is an administration. The court may only decide whether the board acted unreasonably, illegally, or in abuse of its discretion. In light of these circumstances, the court must confirm the agency board’s decision.

Insurance Coverage Disputes

A look at why insurance companies deny coverage for claims

Understanding Traumatic Brain Injuries After a Bronx Car Accident

This article delves into the complexities of legal proceedings for TBIs resulting from car accidents in the Bronx, highlighting the challenges in proving causation, negotiating with insurers, and securing rightful compensation.

Public Education Law: The Basics

Legal issues in public schools hinge on student safety and student privacy. Schools have a legal obligation to provide all students with a safe, calm learning environment. But sometimes things get complicated when they have to balance students’ rights with this education law obligation.

Weapon Incidents in Schools: Discretionary Discipline

Weapon Incidents in Schools: Discretionary Discipline

Special Education and COVID-19: Impact on your Child’s Section 504 Plan or IEP

In March of 2020, many Governors across the country closed their schools due to the COVID-19 pandemic.  On March 21, 2020, the U.S. Department of Education (“DOE”) published guidance for local school agencies on how to appropriately handle special education and services to children with disabilities during the ongoing public health crisis. The DOE has emphasized that school districts’ compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act (“ADA”) school districts should not prevent distance instruction.  Accordingly, special education services should continue during the period of remote learning from home as much as feasible.

What is the Evaluation Process Used to Determine a Child’s Special Education Requirements?

What is the Evaluation Process Used to Determine a Child’s Special Education Requirements?

Special Education Law – Relevant Terms

Within the realm of Special Education Law there are several relative terms one should be familiar with. Below are some of these key terms.

In Educational Neglect Proceeding, Court Rules that “Detrimental Effect” is not Required

In the case of In Re Amurah B., Superior Court, Judicial District of Middlesex, Docket No. M08CP09010939A (March 12, 2010, Rubinow, J.), the Court addressed whether the Department of Children and Families must demonstrate a “detrimental effect” before it can enter a finding of educational neglect.  In that particular case, DCF initially filed petitions alleging that the children were being subjected to educational neglect in that they were not being forced to attend school.  A trial ensued, and after DCF concluded its case-in-chief, the parents claimed it failed to make out a prima facie case with respect to any of the children.

Student Discipline for Off-Campus Speech in the New Digital Era: What Parents Should Know

“Today, students are connected to each other through email, instant messaging, blogs, social networking sites, and text messages. An email can be sent to dozens or hundreds of other students by hitting ‘send.’ A blog entry posted on a site such as livejournal.com can be instantaneously viewed by students, teachers, and administrators alike. Off-campus speech can become on-campus speech with the click of a mouse.”

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