Legislature Amends Youth Access to Tobacco Law

By: Erin R. Feltes

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Special Education Year in Review: New Cases Affecting the First Circuit

By: Isabel B. Ekman

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Millions of Dollars in ACA Penalties Imposed on Schools

By: Christopher G. Stevenson

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Reconciling School Choice with Disability Rights

By: Gerald M. Zelin

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Remembering Hugh MacMahon

By: School Law Group

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2019 Legislative Roundup

By: Erin R. Feltes

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New Hampshire Enacts Anti-Discrimination Law for Students

By: Meghan S. Glynn

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Supreme Court Signals Death Knell of Hallmark Standard in School Religion Cases

By: Connor P. Schratz

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Special Education Up to Age 22? Incoming!!!

By: Eric R. Herlan

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New Hampshire Institutes Educator Code of Ethics and Code of Conduct

By: Meghan S. Glynn

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Interim Alternative Educational Placements for Dangerous Special Education Students

By: Gerald M. Zelin

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Understanding Tax Exempt Lease Purchasing: “What’s Really Going on Here?"

By: Greg Im, E. William Stockmeyer

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When Can Law Enforcement Review Student Records?

By: Peter C. Felmly

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Staff Departures Create Special Education Nightmares

By: Penelope Wheeler-Abbott

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The Janus Decision: the End of Agency and Fair Share Fees

By: Mark T. Broth, Michael L. Buescher

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New Hampshire Constitutional Amendment Grants Taxpayer Standing to Sue

By: Meghan S. Glynn

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First Circuit Expands FAPE Obligation to Age 22

By: Gerald M. Zelin, Isabel B. Ekman

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Understanding "Work to Rule"

By: Mark T. Broth, Anna B. Cole

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Ninth Circuit Finds Prayer at School Board Meetings Unconstitutional

By: Kathleen E. Landis

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2018 Legislative Update

By: Erin R. Feltes

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SB 342 Makes the Biggest Change to Default Budget Law in 14 Years

By: James A. O'Shaughnessy

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Reporting Obligations Under New Hampshire’s Safe School Zones Law Have Changed

By: Meghan S. Glynn

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“After-Market” Door Devices Can Risk Fire Safety

By: Kimberly A. Pacelli

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Hanging on Every Word: Google Vault & Draft Emails

By: Penelope Wheeler-Abbott

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Managing the Public's Use of District Social Media

By: Demetrio F. Aspiras, III, Elek A. Miller

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Guidance from DOE on Videos as Education Records

By: Laura J. O'Neill

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Indemnification and Hold Harmless Clauses – Friends or Foes?

By: Gerald M. Zelin

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Addressing Student Non-Attendance

By: Erin R. Feltes

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The Voters Approved Your Bond. Now What?

By: Greg Im

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DOE Issues Guidance on Videos and FERPA

By: Meghan S. Glynn

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Schools Can Remove Threatening Special Education Students

By: Eric R. Herlan

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New Special Education Rules in Effect!

By: Erin R. Feltes

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“I’m Talkin’ Here!” Dealing with Racist, Offensive, or Obscene Employee Speech

By: Connor P. Schratz, Daniel J. Rose

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ACA Play or Pay Penalty Assessments Looming

By: Christopher G. Stevenson

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Title IX and Sexual Harassment: Recent Updates from the Office for Civil Rights

By: Allen L. Kropp, Kimberly A. Pacelli

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Is This Seat Taken? Vacant Positions and Reasonable Accommodations

By: Laurel A. V. McClead

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Taking a Knee: Dealing with the Latest Form of Student Protest

By: Kathleen E. Landis, Elek A. Miller

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Key Legislative Developments in New Hampshire Education Law

By: Erin R. Feltes, Meghan S. Glynn

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Jury Finds for School in Recent First Amendment Case

By: Michael L. Buescher

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Cybersecurity Update: Ransomware Attacks on the Rise

By: Elek A. Miller

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Family and Medical Leave Act (FMLA) Tips for School Employers

By: Laurel A.V. McClead

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What’s Next for Title IX? Lessons from a Recent Case

By: Kimberly A. Pacelli

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Schools Should Plan Carefully for Job Interviews

By: Daniel J. Rose

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Big Year in Special Ed, Courtesy of Courts!

By: Eric R. Herlan

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The Federal Uniform Grant Guidance: There’s a New Procurement Sheriff in Town

By: Agnieszka A. (Pinette) Dixon, E. William Stockmeyer

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Blurred Lines: Student Privacy and the Use of Social Media in the Classroom

By: Meghan S. Glynn

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The Story behind New Hampshire’s New Special Education Rules

By: Gerald M. Zelin

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Update on Educational Surrogates

By: Erin R. Feltes

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Understanding Employee Status and Revenue Streams During Medical Leaves

By: Mark T. Broth, Anna B. Cole

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Superior Court Dismisses Suit by Board Member Challenging Default Budget

By: James A. O'Shaughnessy

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Throwback Article: Raising Supplemental Funds with Nonprofit Corporations

By: John S. Kaminski

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Federal Court Blocks Change to Overtime Rules

By: Peter C. Felmly, Anna B. Cole

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No Such Thing as a Free Lunch: Recent Changes to School Meal Laws

By: Erin R. Feltes

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School Choice Round One: The Superior Court

By: James A. O'Shaughnessy

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New ADA Regulations and Their Impact on Schools

By: Allen L. Kropp

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Hold the Phone (Or Don’t): Update on Robocalls and Messages

By: Elek A. Miller

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Supreme Court to Hear Two Important Special Education Cases

By: Isabel B. Ekman, Hannah E. King

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A Revenue Source with Potential Pitfalls: Naming Rights Contracts

By: Greg Im

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The Outer Limits: The Latest on Due Process and Student Suspension

By: Bruce W. Smith

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I Agreed to What?! When Special Education Written Notices Become Binding

By: Isabel B. Ekman

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Traps for the Unwary in Software Agreements

By: Christopher C. Dana

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Race for White House Calls for a Refresher on Employee Political Speech

By: Jeane M. McCormick

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2016 Legislative Update

By: Erin R. Feltes

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New Hampshire Supreme Court Issues Controversial Decision on Teacher Non-Renewal

By: James O'Shaughnessy, Meghan Glynn

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Managing Medical Marijuana in Schools: What Schools Need to Know

By: Erin R. Feltes

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Who Walks the Dog? Legal Update on Service Animals in Schools

By: Jeanne M. Kincaid

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Tips For Problem-Free Problem Solving

By: Tom Trenholm

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Recent Amendments to the McKinney-Vento Homeless Assistance Act

By: Gerald M. Zelin

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What Every Superintendent Should Know About Tax Exempt Bonds

By: E. William Stockmeyer

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Dine and Dash: Dealing With Unpaid Student Meals

By: Demetrio F. Aspiras, III

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What to Do When a Parent Consents to an IEP with Exceptions

By: Gerald M. Zelin

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Hold the Phone: Certain Action Required When Calling or Texting Parents or Students

By: Jeana M. McCormick

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New Hampshire Supreme Court Weighs in on Bullying in Schools

By: Erin R. Feltes

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OSEP Misstates Law, Stumbles on Special Ed Standards Issue

By: Eric R. Herlan

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Big Changes in Health Insurance for Schools that are "Small Employers"

By: Chris Stevenson

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Superior Court Issues Important Decision on NH's Sick Pay Statute

By: Anna B. Cole

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Recent EEOC Decision Extends Title VII Protections to Sexual Orientation

By: Laurel A. McClead

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Federal Court in Oregon Weighs in on Student Discipline and Off-Campus Online Threats

By: Isabel B. Ekman

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2015 Legislative Update

By: Erin R. Feltes

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The ACA Is Here To Stay

By: Christopher G. Stevenson

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Trial Court Confirms Avenues for Teacher to Challenge Non-Renewal Limited by State Statue

By: James A. O'Shaughnessy

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Second Job for the Same Employer Results in Overtime Liability

By: Mark T. Broth & Anna B. Cole

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Federal Court and U.S. Department of Justice Take on School Policies Dealing with Service Animals

By: Hannah E. King

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House Bill 604 Combats Disability Discrimination in Access to Mixed Use School Buses

By: Gerald M. Zelin

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Schools Need to Know State Immunization Requirements

By: Erin R. Feltes

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Fourth Circuit Issues Important Decision for Schools in Peer Sexual Harassment Case

By: Elek Miller

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Getting a Grip on the New Restraint and Seclusion Law

By: Eric R. Herlan

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Getting a Grip on the New Restraint and Seclusion Law   Most readers likely know ...

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Will Your School District's Health Plan Trigger a "Cadillac" Tax?

By: Christopher G. Stevenson

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Will Your School District’s Health Plan Trigger a “Cadillac” Tax?   Many sc...

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EEOC Issues Guidance Adopting Stance that Employers Must Offer Reasonable Accommodations to Pregnant Workers

By: Peter C. Felmly

NH SchoolLaw Advisory Fall 2014 EEOC Issues Guidance Adopting Stance that Employers Must Offer Reasonable Accommodations to Pregnant Work...

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Who's Left Standing after the New Hampshire Supreme Court Rejects Challenge to Tax-Credit Voucher Law?

By: James A. O'Shaughnessy

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Who’s Left Standing after the New Hampshire Supreme Court Rejects Challenge To Tax-Credit...

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Title IX and Sexual Harassment: Recent Guidance from the Office for Civil Rights

By: Jeana M. McCormick

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Title IX and Sexual Harassment: Recent Guidance from the Office for Civil Rights &nbsp...

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The Blending of IDEA and ADA: Departments of Justice and Education Issue Guidance Addressing ADA Effective Communication Standards Implicating Special Education

By: Penelope Wheeler-Abbott and Jeanne M. Kincaid

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 The Blending of IDEA and ADA: Departments of Justice and Education Issue Guidance Address...

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Employers Have No Past Practice Obligation to Pay Step Increases Following the Expiration of a Collective Bargaining Agreement

By: Mark T. Broth and Laurel A.V. McClead

NH SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Nevertheless, many public employers, despite having no obligation to do so, have continued t...

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Two years after the amendment to RSA 193:12: Has your district made the adjustment?

By: James A. O'Shaughnessy

Some of you may recall that two years ago, in 2012, the New Hampshire Legislature changed the statute regarding a student’s legal residence for scho...

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Legislative updates

By: Erin R. Feltes

The 2013 legislative session proved to be busy, with over 290 new laws enacted as of July 29, 2014. Many of these new laws impact school districts, an...

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New State statutes governing disclosure of student records collide with FERPA and the juvenile justice laws

By: Gerald M. Zelin

The New Hampshire legislature recently considered several bills addressing the collection and disclosure of personally identifiable "data" on students...

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Addressing alcohol use and abuse by school employees

By: Laurel A. McClead

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School district not liable for interference with employee's FMLA rights despite violations of FMLA notice provisions

By: Peter C. Felmly

In Bellone v. Southwick-Tolland Regional School District, the First Circuit Court of Appeals held that an employee’s rights under the Family Medical...

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Second Circuit weighs in on school volunteers

By: M. Thomas Trenholm

Many school units are increasingly turning to individuals in the community to help with the day-to-day work of schools. With tight school budgets, it ...

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U.S. Supreme Court issues ruling on public employee speech

By: Jeana M. McCormick

The Supreme Court of the United States recently issued an opinion in a case called Lane v. Franks1 addressing whether a public employee’s truthful t...

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Supreme Court issues landmark ruling in cellphone privacy case; but what effect on schools?

By: Elek A. Miller and Erin R. Feltes

The United States Supreme Court recently issued a decision with wide-ranging implications for police cellphone searches. In Riley v. California, the C...

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Student suspension and expulsion hearings: process and paperwork

By: Gerald M. Zelin

In June 2013, the New Hampshire Board of Education amended its rule governing hearings school administrators and local school boards conduct in studen...

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New Hampshire Supreme Court reveals process for decertifying bargaining units with fewer than ten employees

By: Mark T. Broth and James A. O'Shaughnessy

On April 18, 2014, the New Hampshire Supreme Court issued a decision in Appeal of Town of Brookline, effectively opening the door to decertification o...

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Access to virtual education: Barrier removal obligations under the ADA and Section 504

By: Jeanne M. Kincaid

We are all familiar with a school’s obligations to ensure that its programs, activities, and services are offered in a manner that ensures that stud...

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Final ACA regulations provide new flexibility for qualifying school districts

By: Christopher G. Stevenson

On February 12, 2014, the IRS released the final regulations governing the Affordable Care Act’s Employer Shared Responsibility Penalties—so-calle...

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Second Circuit requires inclusion for extended school year programming

By: Erin R. Feltes

The Second Circuit Court of Appeals in New York issued an important special education ruling in April that addresses public schools’ duty to provide...

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Equal treatment of the sexes in interscholastic athletics: Getting a handle on Title IX compliance before you are hit with an audit

By: Melissa A. Hewey

Articles in the press and on social media recently have highlighted a case in Michigan where the Office of Civil Rights ("OCR") required a public high...

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New Hampshire considers expansions to its restraint law

By: Eric R. Herlan

Readers are likely familiar with New Hampshire’s law on the use of restraint, which is found at RSA 126-U.  This law, addressing most circumstances...

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Action needed for schools offering a health FSA, HRAs and/or paying for employees' health insurance coverage obtained elsewhere

By: Christopher G. Stevenson

Recent joint guidance issued by the IRS and the DOL   1 (the "Joint Guidance") will require action by any school district that offers a hea...

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First Circuit issues FMLA eligibility ruling

By: Jeana M. Petillo

The First Circuit Court of Appeals issued a decision this fall that addresses the Family Medical Leave Act ("FMLA") requirement that an employee must ...

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Students, iPads and CIPA compliance

By: Elek A. Miller

Schools continue to explore the ways that technology can support and enhance the delivery of educational services to students.  One result of this ex...

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Recent hearing officer decisions on the "specific misrepresentation" exception to the two-year statute of limitations

By: Hannah E. King

Under both federal law and New Hampshire rules, there is a two-year statute of limitations on due process claims.   1   Generally, this m...

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New Hampshire Department of Safety adopts new regulations on transporting students in "mixed use" school buses

By: Erin R. Feltes

The New Hampshire Department of Safety recently amended and adopted a number of rules regarding student transportation.  Among these were rules on tr...

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U.S. Supreme Court adopts narrow definition of "supervisor" under Title VII

By: Peter C. Felmly

Earlier this summer, the United States Supreme Court clarified the definition of "supervisor" for purposes of employer liability for workplace harassm...

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Employers beware: Changes to Form I-9 and document processing already in effect

By: Mona T. Movafaghi

On May 7, 2013, all employers became obligated to  begin using  the new two-page Form I-9.  Employers who are not using the latest version of the f...

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Important Affordable Care Act update

By: Christopher G. Stevenson

The IRS recently announced that it will delay implementation of the Affordable Care Act’s ("ACA") health insurance mandate until 2015.   ...

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U.S. Supreme Court establishes causation standard for Title VII retaliation claims

By: Elek A. Miller

The Supreme Court recently issued decisions in a number of important cases having significant implications for schools as employers.  One of those ca...

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New Hampshire broadens availability of CHINS process for children

By: Erin R. Feltes

The 2013 New Hampshire legislative session proved to be busy, with over 250 new laws being enacted.  Many of these new laws impact school districts a...

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DOL guidance addresses FMLA rights for same-sex couples

By: Daniel J. Rose

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The McKinney-Vento Act's controversial school choice requirements

By: Gerald M. Zelin

The McKinney-Vento Homeless Assistance Act, passed by Congress in 1987, serves a noble purpose.  The Act aspires to give "each child of a homeless in...

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Independent contractor or employee: Navigating the murky waters of state worker classification rules

By: Elek A. Miller

School officials frequent have to make difficult hiring decisions.  One of the most troublesome involves deciding whether an individual hired to perf...

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Schools face challenges administering medications

By: Erin R. Feltes

We often receive questions about how to accommodate students who need to take prescription medication during the school day.  Although the laws regar...

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"You'll put your eye out!" Understanding and using the IDEA weapons exception

By: Eric R. Herlan

Anyone who works in schools understands that state and federal special education laws impose significant limitations on how student discipline is admi...

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New Hampshire Board of Education proposes new rules governing student suspensions and expulsions

By: Gerald M. Zelin

On April 19, 2013, New Hampshire’s Joint Legislative Committee on Administrative Rules (JLCAR) conditionally approved proposed amendments to the New...

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Title IX audits: What schools need to know to get ready for when OCR comes knocking

By: Melissa A. Hewey

Since its adoption in 1972, Title IX of the Education Amendments of 1972 ("Title IX") has been used aggressively by the Office of Civil Rights ("OCR")...

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An update on employee benefits

By: Robert P. Nadeau

Most school districts have a 403(b) plan and, as many of you know, the rules regarding 403(b) plans have changed significantly in recent years.  This...

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New Hampshire Supreme Court reaffirms that employers are not obligated to pay post-expiration step increases

By: Mark T. Broth

We often are asked whether employers must grant step increases after a collective bargaining agreement ("CBA") has expired.  In a recent decision iss...

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Employee leave and the intersection of the FMLA and the ADA

By: Peter C. Felmly

We are often contacted by superintendents or business managers with the following scenario:  An employee is out on FMLA due to a serious health condi...

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Past practice: What it is, what it isn't, and how to change it

By: S. Campbell Badger

There is probably no more misused term in labor relations than "past practice." All too often, when a school system proposes to improve old ways of do...

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How can schools curb the abuse of intermittent family medical leave without interfering with employees' rights?

By: M. Thomas Trenholm

Although employees may be eligible to use family medical leave intermittently or on a reduced schedule in certain circumstances under federal and stat...

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