On December 8, 2014, the United States Department of Education and the Department of Justice issued a four part set of guidance for assisting both state and local educational agencies in addressing and strengthening the educational services provided … [Continue reading]
Education Law Session Vermont Principals’ Association- January 13, 2015
December 1, 2014 by
On January 13, 2015 Steve Stitzel and Dina Atwood will be presenting: Current Issues in Labor and Personnel Law: a Workshop for Public School Administrators and Legislative Update for the Vermont Principals' Association. The workshop is … [Continue reading]
Office Of Civil Rights Guidance- Single Sex Classes and Extracurricular Activities
December 1, 2014 by
On December 1, 2014 the United States Department of Education- Office of Civil Rights issued a "significant guidance document" on the issues/limitations of providing single sex classes and extracurricular activities in elementary and secondary … [Continue reading]
Office of Educational Technology- Dear Colleague Letter
November 21, 2014 by
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, … [Continue reading]
U.S. District Court for the District of Vermont Allows a Private Nuisance Claim Against Operational Wind Project
November 21, 2014 by
Vermont’s federal district court, in Brouha v. Vermont Wind, LLC, denied a motion to dismiss a landowner’s private nuisance claim against the owners of the Sheffield Wind Project, an operating wind project holding a Certificate of Public Good from … [Continue reading]
OSERS GUIDANCE ISSUED
November 12, 2014 by
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 … [Continue reading]
US Department of Education Guidance- Bullying of Students with Disabilities
October 22, 2014 by
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 … [Continue reading]
Vermont Supreme Court Clarifies Statute of Limitations for Preventing Adverse Possession and Calculation of Statutory Charitable Use Exemption Period
October 21, 2014 by
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. … [Continue reading]
United States District Court Rules Against Supervisory Union on Parent’s First Amendment Claim
October 21, 2014 by
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, … [Continue reading]
Use of Property for Helicopter Landing Pad Found to be Land Development
October 21, 2014 by
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 … [Continue reading]