Announcements

Office of Educational Technology- Dear Colleague Letter

On November 19, 2014 the United Stated Department of Education- Office of Educational Technology issued a Dear Colleague Letter providing examples of how school districts could leverage the use of ESEA (Elementary and Secondary Education Act of 1965, as amended) and IDEA (Individuals with … [Read more...]

OSERS GUIDANCE ISSUED

On November 12, 2014 the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education issued a "Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary … [Read more...]

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...]

Universal Pre-Kindergarten (Act 166)

Act 166 went into effect on May 28, 2014 and requires that on and after July 1, 2015 that Vermont's Public School Districts provide publicly funded access to any pre-kindergarten child ( a 3 or 4 year old or a 5 year old not enrolled in kindergarten) whom a parent or guardian wishes to enroll in an … [Read more...]

EEOC GUIDANCE ON PREGNANCY DISCRIMINATION ACT

For the first time since 1983, The U.S. Equal Employment Opportunity Commission (EEOC) has updated their guidance on the Pregnancy Discrimination Act of 1978. The new guidance document, along with an associated fact sheet and FAQ, incorporates the last thirty years of developments to legal … [Read more...]

Removal of Houses Near Airport Does Not Require Site Plan Review

George Maille is a longtime resident of South Burlington, with a home located on Logwood Street in a neighborhood adjacent to Burlington International Airport. Since 1992, the City of Burlington (“BTV”), which owns the Airport, has been purchasing residential properties that are regularly subjected … [Read more...]