Legal Articles, General Practice

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.”

Your Child’s Attendance Requirements

The following will provide you with the pertinent laws and procedures regarding your child’s attendance at school. The first part of this section will describe the mandatory attendance requirements that the State of Connecticut requires students to adhere to and potential penalties if your child fails to meet these requirements. The second part of this section will provide you with basic information regarding how your child’s residency plays a role in where they may attend school. This section will further describe available hearing procedures if your child is determined to be an ineligible resident. If there are any issues that may arise between yourself and the school district regarding your child’s school attendance or a dispute pertaining to the residency status of your child, please contact one of our attorneys at Maya Murphy, P.C.

Searches by School Resource Officers

On Searches by School Resource Officers: Are They School Officials or Police Officers?

How NCLB Implements its Goals

How NCLB Implements its Goals

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