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In February 2020, we wrote that the Department of Education’s new regulations relative to the implementation of Title IX were expected to be finalized within a few weeks – then the COVID-19 pandemic shut down the country.  Finally, on May 6, 2020, the Department released its final rule.  The contents of the new regulations are dense, even for lawyers, but are of paramount importance for universities and, to a somewhat lesser extent, K-12 schools. …

We know you haven’t been living under a rock, so you’re well aware of the vaping and electronic cigarette use causing widespread concern across the nation.  Recent statistics have shown that an alarming percentage of high school students (20%) – and even middle school students (5%) – have been using these products.  There are media reports of students becoming hospitalized, and even dying, linked to alleged vaping. Worse, many companies show no signs of stemming the…

As the famous holiday jingle goes, “It’s the most wonderful time of the year.” Students (and staff) look forward to the extended holiday break before class resumes in the new year – and in this case, the new decade. While the holiday break is the most anticipated official reprieve from class during the school year, returning students will certainly be hoping for an outpouring of “unofficial” breaks later in the form of snow days.…

Once upon a time, teachers wheeled in old CRT televisions on carts, popped a tape in the VCR, and turned out the lights so students could watch a documentary.  The days of VHS tapes and DVDs in everyday life are behind us, replaced with an ever-increasing cornucopia of streaming services. The age of Netflix, Amazon Prime, and Hulu entices instructional personnel to log in and access a wide range of documentaries or – on those…

All too often, the topics that make us yawn prove to contain the nuts and bolts that keep government machinery chugging along.  Changes to federal regulations have caused many administrators to question whether their approaches to school fundraising are in need of refinement.  We are, of course, referring to Statement No. 84 of the Governmental Accounting Standards Board, more commonly known as GASB 84. Historically, school districts categorized many student activity group…

Every now and then the question resurfaces: are a school administrator’s personal devices subject to the Freedom of Information Act (“FOIA”)?  Understandably, the question elicits a degree of apprehension. That apprehension usually does not come from fear that wrongdoing or illegal activity will be discovered – there probably isn’t any misconduct or illegal conduct to be found – but from the discomfort that comes with the invasive nature of publicly disclosing information from one’s personal device. …

It’s that time of year again – pencils sharpened, notebooks purchased and the start of the school year is underway. There’s excitement all around as kids see their friends and teachers make new seating charts. For administrators, there’s a need to schedule and provide professional development. Often, we’re focused on the new, cutting-edge technology and student growth opportunities. Amid the flurry of fresh opportunities, we may lose sight of other equally important…

Principals are all too familiar with the dramatic increase in vaping activity among middle school and high school students. Vaping involves using an electronic nicotine delivery system (ENDS) like an electronic cigarette or other device and taking small puffs of liquid nicotine vapor produced by the device. Juul devices, which are particularly popular among teenagers, are small ENDS devices that can fit in the palm of a student’s hand. Juul devices resemble…

Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson The waning months of the school year are a stressful time, often exacerbated by incidents of student misconduct that sometimes come with cabin‑fevered students.  Seniors, in particular, have been known to participate in a variety of send-off traditions, including prom, pranks, and graduation … and they often develop an air of invincibility in their final days of school attendance.  When seniors…

Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson It should come as no shock that the use of service animals is on the rise.  Those of us in the legal world have certainly not seen any slowdown in client questions regarding what the law says about service animals, and we don’t expect to see a shortage of similar situations in the near future.  To that end, now is a…