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NYC Department of Education Settles Student-to-Teacher Harassment Lawsuit

In an unusual case, the New York City department of education recently settled a lawsuit filed by a Brooklyn high school teacher who alleged sexual harassment and verbal assault by her students.

E-Readers and Disabled Students

This presentation was given at Spencer Fane’s Annual Education Law seminar.

The First Amendment and Equal Access to School Forums by Outside Groups

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Preventing Employment Discrimination Claims

This presentation was given for the Missouri School Boards Association meeting at the Lake of the Ozarks.

No Dollar Left Behind – Commercial Advertising in Public Schools

This presentation was given for the Missouri School Board Association Annual Conference at Tan-Tar-A Resort & Lodge, Lake Ozarks, Missouri.

Related Services – Where Creativity and Budgets Collide

This presentation was given for Missouri Association of Special Education Administrators.

New Court Opinion Addresses Employment Decision in Higher Education

A recent opinion from a Colorado lawsuit demonstrates the deference provided to institutions of higher education in the context of employment decisions.

Department of Education Releases New FERPA Regulations

The U.S. Department of Education will publish its new FERPA regulations today in the Federal Register.

Disciplining Off Campus Speech

This presentation was given at Spencer Fane’s Annual Education Law seminar.

Service Animals

This presentation was given for at Spencer Fane’s Annual Education Law seminar.

ESEA Reauthorization Debate Addresses Bullying and Discrimination

Debate surrounding reauthorization of the ESEA continues, with a current focus on bullying prevention and protections for lesbian, gay, bisexual and transgender students.

School District Immunity

This presentation was given for the Missouri School Boards Association at Lake of the Ozarks, Missouri.

Exploring Issues in Collegiate Athletics

This presentation was given for University of Kansas Sports & Entertainment Law Symposium at Lawrence, Kansas.

Disclosure of Education Records to School Resource Officers Under FERPA

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When Parents Divorce – Legal Issues for School Personnel

This presentation was given at Spencer Fane’s Annual Education Law seminar.

Key Vendor Contract Terms

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Student Expression: An Overview of Free Speech and the First Amendment

This presentation was given for the Missouri School Boards Association at the Lake of the Ozarks, MO.

Supreme Court: Warrantless Search of Messages on Department-issued Pager of Employee Does Not Violate Fourth Amendment

Yesterday, the U.S. Supreme Court ruled that a police chief’s warrantless search of text messages sent by one of his police officer employees on a department-issued pager did not violate the employee’s Fourth Amendment right to be free from unreasonable searches. This case does not give school districts carte blanche to search employees’ electronic devices, even if they are issued by the district. However, it provides some helpful guidance to school districts who are concerned about addressing inappropriate use of technology by employees without violating their constitutional rights.

Amendments to the ADA & Section 504 – What it Means for Your District

This presentation was given for the Missouri School Boards Association at the Lake of the Ozarks, Missouri.

New Missouri Regulations Clarify Requirements Regarding School District Obligations to Ensure Contractors Do Not Use Unauthorized Alien Workers

The State of Missouri issued new state regulations that clarify school district obligations to ensure that contractors do not use unauthorized alien workers on projects for the district. The new regulations require school districts and other political subdivisions to obtain an affidavit from bidders responding to requests for proposals for the award of any contract for services or grant in excess of five thousand dollars.

Missouri 2008 Legislative Wrap-Up

The 2008 Missouri Legislature has passed and Governor Blunt has signed into law several pieces of legislation that will impact Missouri employers.

Safe Schools Act

This presentation was given at Spencer Fane’s Annual Education Law seminar.

IRS Model 403(b) Plan for Public Schools

This revenue procedure provides model plan language that may be used by public schools either to adopt a written plan to reflect the requirements of § 403(b) and the regulations thereunder or to amend its § 403(b) plan to reflect the requirements of § 403(b) and the regulations thereunder.

Practical Requirements of the Safe Schools Act

This presentation was given for the Missouri School Boards Association at Lake of the Ozarks, Missouri.

Missouri Supreme Court Recognizes Public Employees’ Collective Bargaining Rights

In 2003, three employee associations and several individuals filed a lawsuit against the Independence, Missouri School District challenging the District’s refusal to “bargain collectively” with employee representatives and objecting to the District’s unilateral repudiation of existing agreements. In bringing their claims, the employee representatives took dead aim at several long-settled principles of Missouri’s public sector labor law.

Five Reasons Why an Employer Should Adopt a Company-Wide Email Use Policy

Even a small employer’s email system handles a vast amount of traffic. Assume that the average employee in your organization sends or receives 50 emails each day at work. In a typical year the employee will send or receive 13,000 messages, or over one million pieces of email for an organization with only 100 employees!

U.S. Supreme Court Decision Regarding “Burden of Proof”

The U.S. Supreme Court issued a decision in the case of Schaffer v. Weast answering the question about which party in a special education due process hearing carries the “burden of proof.”

Sweeping Changes to Due Process Reflect Favorable Possibilities For School Districts

In the Reauthorized IDEA, Congress made significant changes to provisions governing due process procedures. While School Districts will likely find relief in some of the changes, Congress also imposed new timelines and deadlines of which Districts must be aware.