SCHOOL LAW ALERT June 2010Florida Department of Education Releases FCAT Results On June 29, 2010, the Florida Department of Education issued a press release announcing the release of FCAT results in Reading, Mathematics, Science, and Writing. Quoted highlights from the press release include the following:
The full text of the press release and other information related to the FCAT results are available at the following link: Florida Department of Education Legislation Update: Restraint and Seclusion in Florida Schools As we reported in last month’s School Law Alert, the Florida House of Representatives unanimously passed House Bill 1073 and, thereafter, presented the bill to Governor Crist for signing. On June 4, 2010, Governor Crist signed House Bill 1073 which sets forth schools’ responsibilities with respect to the use of restraint and seclusion and what actions they must take following the use of such measures. The new law will take effect on July 1, 2010. The full text of House Bill 1073 and other related information is available at the following link: House Bill 1073 Special Education Case Law Update: “Then-Current Educational Placement” On April 11, 2010, the United States District Court for the Middle District of Florida issued an opinion holding that “then-current education placement” under the IDEA does not refer to a particular institution or building. L.M. v. Pinellas County School Board, Case No. 8:10-cv-539-T-33TGW (M.D. Fla. 2010). In L.M., Plaintiffs filed a Motion for Stay-Put Injunction arguing that “then-current education placement” includes a particular school building and, therefore, their autistic child should attend school during the proceedings. In denying the motion, the Court reasoned that “then-current educational placement” refers to an educational program and not a particular building. The Court further explained, “[g]iven the overall intent of the statute, the agency’s implementing regulations, and the case law interpreting ‘then-current educational placement’ as related to change in location, this Court concludes that C.G.'s relocation to S.H. school and her difficulty in transition thereto does not amount to a change in her educational placement within the meaning of the stay-put provision.” Case Law Update: Graduation in Church Ruled Unconstitutional (Connecticut) On May 31, 2010, the United States District Court for the District of Connecticut issued an opinion holding that the Enfield Public Schools’ graduation ceremonies planned at the First Cathedral Church violated the Establishment Clause of the First Amendment. Does v. Enfield Public Schools, Civil Action No. 3:10-CV-685 (JCH) (D. Conn. 2010). Following the decision, the Enfield School Board voted to hold their graduation ceremonies on school grounds rather than at the Church. The lawsuit is expected to move forward to determine whether future graduations can be held at the Church. Sources: FOXNews.com; abcNEWS.com The District Court opinion is available on CourtWEB: CourtWEB Department of Labor Awards $125 Million in Grants to Community Colleges and Other Organizations On June 29, 2010, the Department of Labor issued a press release announcing that it has awarded $125 million in grants to 41 community colleges and organizations for community-based job training. The grants are intended to provide community colleges assistance to “train and prepare workers for employment in high growth and other emerging industries.” Florida State College at Jacksonville ($2,983,141.00), Polk State College ($2,911,597.00), and St. Johns River Community College ($1,992,479.00) each received a portion of the grant. The full text of the press release other related information is available at the following link: Department of Labor Legislation Update: Graduation Standards Senate Bill 4 was approved by Governor Crist on April 20, 2010, and will take effect on July 1, 2010. The bill increases graduation standards for high school students. Specifically, the bill requires high school students to pass end-of-course exams in the areas of Biology, Algebra, and Geometry. Additionally, the bill removes the requirement that 9th and 10th graders take the Math and Science sections of the FCAT. Sources: The Palm Beach Post; WESH Orlando The full text of Senate Bill 4 and other related information is available at the following link: Senate Bill 4. Florida Fines FCAT Grading Company $3 million NCS Pearson, the company hired by the State of Florida to grade the FCAT, was fined in June for delays in test grading. Dr. Eric J. Smith, Commissioner of Education, is seeking $3 million in damages due to the delays. Commissioner Smith is expected to seek further damages as well. Source: Tampa Bay Online; The Miami Herald; The Palm Beach Post Firm News Robert J. Sniffen and Michael P. Spellman were each selected by Super Lawyers Magazine as top attorneys in Labor and Employment Law. The list is based upon peer rankings and is comprised of the top 5% of the lawyers in Florida. Additionally, Mr. Sniffen was ranked as one of the top 100 lawyers in the State of Florida in all practice areas. Robert J. Sniffen and Michael P. Spellman were each named to Florida Trend Magazine’s “Legal Elite” in Labor and Employment Law. The “Legal Elite” is comprised of the top 2% of Florida lawyers practicing in various areas. Terry J. Harmon has been selected for inclusion on Super Lawyers’ Florida Rising Stars list for 2010. No more than 2.5% of the lawyers in the State of Florida are named to this list of outstanding young attorneys. Mr. Harmon was also selected in 2009. |