Archives for October 2014

US Department of Education Guidance- Bullying of Students with Disabilities

On October 21, 2014, the United States Department of Education's Office of Civil Rights (OCR) issued a thirteen page "Dear Colleague" letter providing guidance for school districts regarding how OCR analyzes complaints regarding bullying of students with disabilities. The letter provides … [Read more...]

Vermont Supreme Court Clarifies Statute of Limitations for Preventing Adverse Possession and Calculation of Statutory Charitable Use Exemption Period

In Mahoney v. Tara, LLC, 2014 VT 90, the Mahoney family claimed title by adverse possession to a seventy-five-foot portion of beach frontage on Lake Champlain. The Mahoneys first began occupying the beach in 1949 and eventually purchased it in 1976. The current record owner of the property, which … [Read more...]

United States District Court Rules Against Supervisory Union on Parent’s First Amendment Claim

The United States District Court for the District of Vermont has found that a Vermont school supervisory union violated the U.S. Constitution when it issued no-trespass notices against a student’s parent. In Cyr v. Addison Rutland Supervisory Union, the Court found violations of the First Amendment … [Read more...]

Use of Property for Helicopter Landing Pad Found to be Land Development

In a decision issued September 26, 2014, the Environmental Division of the Vermont Superior Court concluded that an individual’s occasional use of a 100’ by 100’ area on his property in the Town of Dover for the landing and takeoff of a helicopter falls within the definition of “land development” … [Read more...]

Vermont Principals’ Association Education Law Series, 2014-15

November 13, 2014. Session I. Student Discipline, Bullying and Harassment: A Practical Legal Overview for Vermont School Administrators School administrators often must take action or make decisions in the heat of the moment when student discipline, bullying and student-student harassment issues … [Read more...]