Legal Ethics and Client Investigations: Practical Considerations for the School Attorney
This article highlights some of the ethical issues a school attorney may face during an investigation of employee or student misconduct and offers practical suggestions for handling these dilemmas.
Cheating/Improper Assistance on Tests: The New York State Experience
In New York, prior to statewide efforts to address the security problems associated with high stakes testing, issues of teacher-assisted cheating on these examinations were addressed as matters of individual discipline. This article examines these cases and the legal standards used to hold teachers and administrators responsible for this misconduct.
Brief Overview of the Investigation of Atlanta Public Schools
This article discusses the investigation of cheating that occurred in 2009 on state standardized tests administered to students in the Atlanta Public Schools. The author also offers insights on why the cheating occurred and some lessons learned from the incident.
Closing the Achievement Gap within a Race-Neutral Legal Framework
This article looks at possible strategies to address the achievement gap, examines the legal framework for evaluating these strategies, and offers creative and constructive approaches school attorneys can use to assist districts seeking to close the gap.
Character Counts: Professionalism in the Practice of Law
This article provides some of the ethical and professional standards to which attorneys are expected to adhere, discusses the issue of unethical behavior by opposing counsel and pro se litigants and describes the appropriate way to respond to such behavior.
School District Liability for Peer Bullying and Harassment: Federal Initiatives, Plaintiffs' Complaints, and Current Legal Standards
This article examines current legal developments around the issue of peer bullying to determine standards under which school districts may be found liable for failing to respond to or to prevent such misconduct. It also discusses the likely impact of state laws, federal initiatives and law suits pleading a variety of claims on school districts facing this difficult problem.
To Accommodate or Not Accommodate: Answers to the Essential Questions about a Teacher’s Fitness for Duty under the Amended ADA & Regulations
This article outlines some of the key provisions of the final regulations under the ADAAA regulations and suggests some strategies to minimize potential liability.
Which Way to the Restroom? Respecting the Rights of Transgender Youth in the School System
This article addresses some of the legal issues school districts may encounter with respect to transgender students, including access to restrooms, use of locker rooms, dress codes, bullying and harassment, curriculum, and name and gender changes on school records.
Evaluating Cloud Computing Solutions to Find a Balance Between Innovation and Cost Savings and Privacy and Data Security
This article examines the risks of cloud computing with respect to the privacy and data security obligations of school districts. It provides an overview of applicable laws and includes a detailed due diligence list to aid the school attorney in negotiating cloud computing contracts.
Cyberprivacy: Are You Protecting Yourself?
This practical piece describes twelve cyber methods of gathering an individual’s personal information.
Using and Protecting Copyrights: Legal Aspects of Remixes and Mashups in K-12 Education
This article addresses some of the copyright issues associated with the creation of remixes and mashups by teachers and students.
The Legal Implications of Response to Intervention
This article provides an overview of the mandatory requirements of RtI implementation under the IDEA. Presenting an educator’s perspective on RtI implementation, it offers insight on how such implementation will impact the school law practitioner.
First Amendment Issues in the Use of School Facilities by Religious Groups in the Wake of Good News Club
This article examines the effect of the U.S. Supreme Court’s 2001 decision in Good News Club on subsequent cases involving the use of school facilities by religious groups. The authors discuss the development of the Second Circuit’s analysis in the long running series of decisions concerning the Bronx Household of Faith.
Applicability of the Fourth, Fifth, and Sixth Amendments to Investigations of Employee Misconduct
This article describes the implications of the Fourth, Fifth and Sixth Amendments during a school district’s investigation of allegations of employee misconduct. These constitutional rights may take on different dimensions due to the special circumstances of the school environment.
Big Brother is Watching: Surveillance Cameras in the School Setting
This article provides an overview of the legal issues that should be considered when using surveillance cameras at school, including Fourth Amendment privacy expectations, wiretapping laws, FERPA, and collective bargaining implications.
Federal Guidance and Perspectives on Students' Civil Rights
Compiled here are three guidance documents issued by the U.S. Department of Justice and the U.S. Department of Education on the use of race in K-12 and post-secondary education and the right of children to enroll in public school regardless of immigration status. Also included is the United States’ brief supporting a Pennsylvania school district’s student assignment plan using neighborhood demographics.
Status of Third Party Payments to Defray the Cost of Special Education Services
This article includes a state survey of special education students with autism and state insurance coverage requirements for autism treatment.