Legal Articles, General Practice
The Boundaries of a Child’s Constitutional Right to Education in Connecticut
Under the Constitution of Connecticut, “There shall always be free public elementary and secondary schools in the state.”[1] However, to satisfy free appropriate public education, or FAPE, requirements of federal law, this doesn’t mean parents may engage in a sort of free-for-all in dictating the five W’s of their child’s educational opportunities at public expense. Rather, case precedent has established limitations that take into account the interests of the child balanced against governmental concerns of the school district.
Cyberbullying and the Fourth Amendment Right to Privacy
The American Civil Liberties Union (ACLU) has swiftly responded to the Fairfield school board’s proposed amendments to its internet use policy, contending that the proposed policy amendments will run afoul of the Fourth Amendment’s prohibition against unreasonable searches and seizures.
Tenured Teacher’s Wrongful Termination Claims Dismissed for Failure to Exhaust Administrative Remedies
The Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford granted a school district’s motion to dismiss a wrongful termination lawsuit by a teacher, who claimed he was fired because of his disability. Rather than reaching the merits of the case, the Court stated it lacked jurisdiction. This case illuminates the importance for teachers and staff to first exhaust all administrative remedies, including enumerated appeals processes, before seeking recourse with the courts.
Developing Your Special Education Child’s Individualized Education Program
A series of articles on this website provides an overview of the special education process so you, as a parent, know what to expect. You have the right to make sure your child receives a free appropriate public education (FAPE), and oftentimes that means a standard classroom environment does not meet your child’s special needs due to a disability.
If your child is between 3 and 21 years of age, suffers from an enumerated disability under the Individuals with Disabilities Education Act (IDEA), and the disability interferes with his or her classroom performance, you have the opportunity to seek special education and related services. More importantly, you can play a critical role on the planning and placement team (PPT) to evaluate your child’s special education referral to determine eligibility.
The Misrepresentation of Minorities in Special Education Classes
A law went into effect here in Connecticut that requires the State Department of Education to identify school districts that “disproportionately and inappropriately identif[y] minority students as requiring special education because such students have a reading deficiency.”[1] Under this statute, the term “minority student” takes on the public’s common understanding: any student that is non-white or of Hispanic/Latino ethnicity.
In 1954, the Supreme Court issued its landmark ruling in Brown v. Board of Education that struck down de jure racial segregation, noting that “separate educational facilities are inherently unequal.”[2] Since then, many great strides have been made to offer free, appropriate public education to all children, regardless of race, ethnicity, gender, socio-economic status, and disability.
[WATCH VIDEO] "Adverse Possession in Las Vegas"
Adverse possession is the legal concept that if the owner of the land isn’t using it, and someone else is giving the land a useful purpose for long enough, the law favors the useful purpose over the land being left unused.
Connecticut Supreme Court Addresses the Identifiable Person-Imminent Harm Exception to Governmental Immunity
In a decision, the Supreme Court of Connecticut had an opportunity to address municipal immunity, and specifically, the “identifiable victim-imminent harm” exception to discretionary act immunity.
In Light of Varying State Anti-Hazing Laws, Is the “Halting Hazing Act of 2012” the Solution?
In Light of Varying State Anti-Hazing Laws, Is the “Halting Hazing Act of 2012” the Solution?
An Overview of Legal Issues Relating to Bullying and Cyberbullying in Connecticut
The purpose of this article is to explore the laws, statutes, and cases relating to school bullying in Connecticut, specifically “cyberbullying,” and to provide an overview of the types of legal avenues that may be available to a victim of bullying.
Court Gives Plaintiff in Bullying Case Green Light to Proceed to Trial
In August 2006 Robert and Louise Dornfried filed suit against the Berlin Board of Education, its former and current superintendents, the principal, the athletic director, and the coach of the Berlin High School football team on behalf of their minor son, Robby. Robby’s parents alleged on their son’s behalf that, while a student at the high school and a place-kicker on the varsity football team, he was subjected to “incessant bullying, harassment, intimidation and was the victim of threats and/or acts of violence” by his teammates.
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