Our school clients should be made aware of a Question and Answer Sheet (“Q&A”) (which can be found here) recently issued by the United States Department of Education Office for Civil Rights (the “OCR”) with respect to Title IX and…
Client Alerts
Education Law Update: United States Department of Education Office for Civil Rights Launches Investigations Regarding Prohibitions of Indoor Masking in Schools
On August 30, 2021, the United States Department of Education Office for Civil Rights (the “OCR”) opened directed investigations in five (5) states to explore whether statewide prohibitions on universal indoor masking discriminates against students with disabilities who are at…
Massachusetts Supreme Judicial Court Explains Tolling Period for Statutes of Limitations due to COVID-19
On September 3, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a decision that clarified the provisions of its COVID-19 Orders concerning the tolling of statutes of limitations. The SJC held that the COVID-19 Tolling Order applied to all civil…
Pennsylvania’s Acting Secretary of Health Issues Order Requiring Face Coverings to be Worn in Schools
On August 31, 2021, Pennsylvania’s Acting Secretary of Health issued an Order requiring face coverings to be worn in all school entities—including school districts, brick and mortar and cyber charter schools, private and parochial schools, career and technical centers, intermediate…
Education Client Alert: Executive Order Allowing Remote Public Meetings in Rhode Island Ends July 23, 2021
This week Rhode Island Governor Dan McKee’s office announced they will no longer continue to renew former Governor Raimondo’s Executive Order 20-05 (“Order”) allowing public bodies to meet remotely in response to the COVID-19 pandemic. Prior to the Order, the…
Education Law Update: Rhode Island Supreme Court Affirms Lower Court’s Ruling on a School’s Duty to Ensure Student Safety
On June 28, the Rhode Island Supreme Court issued their opinion in Dextraze v. Bernard, a case involving a high school student who assaulted and seriously injured another student during the school day. The Rhode Island Superior Court found the…
Education Law Update: U.S. Supreme Court rules in favor of student suspended from cheerleading team for posting vulgar statements and gestures on Snapchat about the school while off-campus
On June 23, 2021 the U.S. Supreme Court (SCOTUS) issued its decision in Mahanoy Area School District v. B.L, holding that while public schools may have a special interest in regulating some off-campus student speech, a student’s post on Snapchat…
Rhode Island Governor’s Office and Department of Education Provide Updated Guidelines to Fully Reopen in the Fall
Governor Dan McKee and Education Commissioner Angelica Infante-Green held a joint press conference this morning to announce that Rhode Island public schools will fully reopen for in-person learning this fall. The Rhode Island Department of Education (“RIDE”) also issued new…
Education Law Update: Pennsylvania Senate Bill 664 allows special education students to receive continued service beyond the age of 21 and allows all students to repeat a grade level during the 2021-2022 school year
On June 24, 2021 the Pennsylvania House and Senate both passed Senate Bill 664, which will allow extended enrollment for special education students and allow students in the Commonwealth to repeat a grade level during the 2021-2022 school year. Senate…
Education Law Update: U.S. Department of Education confirms Title IX protects students from discrimination based on sexual orientation and gender identity
The U.S. Department of Education’s Office of Civil Rights (OCR) issued a Notice of Interpretation on June 16, 2021 explaining that OCR will enforce Title IX to protect students from discrimination based on sexual orientation and gender identity. Discrimination on…
Education Law Update: Charter school zoning decision upheld by Rhode Island Supreme Court
In City of Woonsocket v. RISE Prep Mayoral Academy et al. (No. 2019-99-Appeal.), the Rhode Island Supreme Court determined that RISE Prep Mayoral Academy (“RISE Prep”), a public charter school, is permitted in a major commercial (C-2) district as a…
Massachusetts establishes COVID-19 emergency paid leave law
Effective June 7, 2021, a new law will go into effect requiring all Massachusetts employers, regardless of size, to provide COVID-19 emergency paid sick leave (“emergency leave”) to employees. The law also establishes a $75 million COVID-19 Emergency Paid Sick…
Education Law Update: Massachusetts addresses truancy in new Juvenile Court Standing Order
On April 1, 2021, a new Massachusetts Juvenile Court Standing Order (3-21) (‘the Order’) goes into effect, which details a statewide standardized process for child requiring assistance (‘CRA’) proceedings. The Order provides clarity and processes for how public school districts…
Massachusetts Guidance on Insurance Coverage for COVID-19 Business Interruptions
A recent Massachusetts Superior Court decision provides guidance on insurance claims for loss of business income caused by the coronavirus pandemic. The guidance is not unexpected, but it is not good news for business owners. In the decision, Verveine Crop….
Employer Alert: U.S. Department of Labor Finalizes Independent Contractor Regulations
On January 6, 2020, the U.S. Department of Labor (DOL) provided its final rule for determining whether a worker is an employee or independent contractor. The final rule is similar to the proposed rule the DOL published in September 2020….
Employer Alert: U.S. Department of Labor Received Over 1,800 Comments on Proposed Independent Contractor Rule
On September 22, 2020, the U.S. Department of Labor (DOL) proposed a rule to clarify the definition of employee under the Fair Labor Standards Act (FLSA) as compared to independent contractors. More details regarding the proposed rule can be found…
Employer Update: First Published Court Decision Concerning Reasonable Accommodation Request Related to COVID-19
The United States District Court (D. Mass.), appears to have published the first decision concerning a COVID-related reasonable accommodation request under Federal and Massachusetts law. In the case, Gabriel Peeples v. Clinical Support Options, Inc. (Case No. 3:20-cv-30144-KAR), the Plaintiff,…
Education Update: New Executive Order on Special Education in New York
On Friday, June 5, Governor Cuomo issued Executive Order 202.37 (the “Order”), which addresses special education during the summer of 2020. The Order states: “Notwithstanding any prior Executive Order to the contrary, special education services and instruction required under Federal,…
COVID-19 Planning Tool for Schools/Districts
Designed by Paul T. O’Neill – In consultation with many schools, Paul T. O’Neill has developed a rubric for programs to use in planning for the summer and coming school year despite the chaos and uncertainty of the COVID-19 crisis….
Education Alert: Updated Joint Guidance on Privacy and Student Health Records
The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued updated guidance regarding the Family Educational Rights and Privacy Act (“FERPA”) and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as applied…