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Articles: Laws

Paula Love, the “Funding Doctor,” brings decades of experience to developing grant strategies for state and local educational agencies, schools and institutions.

The Every Student Succeeds Act reverses the trend of federal authority over K12 education. The new law returns state and local authority to levels that have not been seen in decades—and one of biggest changes is that ESSA increases fund transferability for key federal programs.

Reunited soon: Students from public Mary Bethune Elementary School of Literature & Technology will soon reunify into one district with New Orleans’ charter schools.

With the reversal the 2005 state takeover of most of New Orleans’ public schools, a charter-based district will for the first time in the United States be accountable to its local school board.

Gail Pletnick, superintendent of Dysart Unified School District 89 in Surprise, Arizona, was elected president of AASA for 2016-17.

Gail Pletnick, superintendent of Dysart Unified School District 89 in Surprise, Arizona, was elected president of AASA for 2016-17.

The 2016 Arizona Superintendent of the Year and a member of AASA’s digital and personal learning consortia, Pletnick will focus on reshaping the national public education agenda and empowering district leaders through advocacy, networking and PD. She begins her term July 1.

More data privacy bills are expected to be signed into law by the end of the year.

Laws already passed in 2016 focus on data governance, transparency and leadership.

36 states increased the rigor of their standards since 2013, while five made them less rigorous. (Click to enlarge)

The push to establish national academic benchmarks may have been dealt yet another blow by the Every Student Succeeds Act. Nearly two dozen states began revising the Common Core after the new law reaffirmed their authority to create their own standards.

A recent federal court decision on the statute of limitations for families to take legal action against schools sheds new light on compensatory services provided to special education students when IEP goals are missed. Parents may now seek several years’ worth of special education services.

In June, Maine became the first state to require all school districts to create a policy on use of the substance. Colorado and New Jersey also passed laws in the last year permitting certain students to receive the treatment in K12 schools.

The October video of a South Carolina school resource officer forcefully arresting a 16-year-old student for refusing to put her cell phone away became a viral example of school policing gone wrong. The incident provides yet more guidance for administrators on managing relationships with SROs and establishing effective school discipline policies.

All 50 states have school bullying laws ...though some are considered stronger than others. (Click graphic to enlarge)

Students living in states with an antibullying law that includes at least one U.S. Department of Education-recommended legislative component had lower reported bullying and cyberbullying rates compared to students living in states without such legal provisions, according to recent research.

The No Child Left Behind Era officially ended in December as President Obama signed the Every Student Succeeds Act (ESSA). The new law has been hailed by education leaders as an important re-correction.

A first-of-its-kind Connecticut law allows parents to include their child’s paraprofessional in school planning and placement team meetings that create individualized educational programs.

Students attending the charter PRIDE Prep in Spokane, Washington may need to find a new school in coming months, as the state’s Supreme Court declared unconstitutional the 2012 law allowing charter schools.

Recent surges in charter enrollment—and reported scandals—have led some states to pass new laws that seek more accountability from the schools, their administrators and their sponsors.

Forty-three states and the District of Columbia have enacted laws permitting charter schools to operate. In 2013-14, 2.57 million students enrolled in charters nationwide—up from 1.29 million in 2007-08, according to the National Alliance for Public Charter Schools.

Students in Baltimore City Public Schools now receive free breakfast and lunch every day under the Healthy, Hunger-Free Kids Act’s Community Eligibility Provision.

To expand food service, the district took advantage of funding through the Healthy, Hunger-Free Kids Act’s Community Eligibility Provision, a federal program that launched in 2011 allowing schools with high poverty rates to replace traditional, tiered-price meal programs.

Students at Thurgood Marshall High School in San Francisco USD celebrate Gay-Straight Alliance Day to promote a positive climate for transgender students.

As transgender students win sturdier legal protections from state and federal laws, more district leaders have given members of this growing population rights to choose the names they’ll respond to at roll call, which bathrooms they’ll use and which athletic teams they’ll join.

R. Pepper Crutcher, Jr., is a labor and employment attorney with Balch & Bingham LLP’s Affordable Care Act Strategists Practice Group. He regularly advises businesses, schools and other entities on their obligations under the Affordable Care Act.

An enforcement agency writes a rule to solve a specific problem. Applied to other situations, the rule makes less sense.

Will the agency restrict enforcement to those situations clearly referenced in the rule or will the agency enforce the rule more broadly? Among Affordable Care Act watchers, this is a common question.

Parsing the rule

Here’s an example. Do the IRS Employer Shared Responsibility Cost final rules convert substitutes into full-time teachers for employer mandate purposes?

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