Legal Update

May 1, 2023

What is in this Legal Update?

• 2023 Elections Resources
• Nonrenewal Guidance: 2023 and 2024 Editions
• Education Litigation Updates
• CASB Member Legal Resources: New FAQ for Medically Necessary Treatment policy

2023 Elections Resources and Election Seminar

CASB's 2023 Elections Resources are available. School districts may submit tax and revenue measures to voters during this year’s state general election on Tuesday, November 7, 2023. School districts may also participate in the general election to elect school board members. These resources will be updated, as needed, to address any 2023 legislation, orders, guidance, or rule changes from the Secretary of State's office.

Sign-ups are now open for CASB's June 16, 2023 Election Seminar. The seminar will be held in-person and will also be recorded and made available on CASB's website. 

Nonrenewal Guidance: 2023 Edition

Nonrenewal is the process by which a school board acts to interrupt the automatic renewal of a probationary teacher’s contract. Requirements for the process are outlined in state law. As a benefit of CASB membership, CASB annually provides nonrenewal resources, which include an overview of the nonrenewal process and samples and tools to assist local school boards with these critical employment decisions. These resources can be accessed here.

Starting the 2024-2025 school year, SB22-070's changes will be in effect. These include changes to the formula for teacher evaluations. So that districts can be aware of the future changes, CASB has also updated 2024 nonrenewal guidance, available here. The resources are subject to change if there is action by the legislature or the state Board of Education.

Other resources

• April 28, 2022 - CASB Connections Webinar on Nonrenewals

Education Litigation Updates

In Perez v. Sturgis, the United States Supreme Court ruled that families of students with disabilities do not need to exhaust administrative proceedings under the Individuals with Disabilities Education Act (IDEA) before pursuing damages under the Americans with Disabilities Act (ADA). This decision is mainly procedural, and does not impact the current process for IDEA claims. However, it could lead to parents and/or students raising ADA claims for compensatory damages after settling an IDEA claim, or while administrative proceedings under the IDEA are still pending. 

In this case, a deaf student of a public school district filed an administrative complaint stating alleging that the district did not provide him with a Free and Appropriate Public Education (FAPE) as required by IDEA. The student and the district settled the claim. The student then sued the district in federal district court under the ADA, seeking damages. The district moved to dismiss the case, arguing that 20 U.S.C. 1415(l) prevented the ADA claim because it requires a plaintiff "seeking relief that is also available under" IDEA to first exhaust IDEA's administrative procedures. The Supreme Court ruled that because the student was seeking a remedy (compensatory damages) that is not possible under the IDEA, the law did not prevent the federal ADA suit. 

A student can obtain services, support, or even tuition at private schools through the IDEA, but not damages, which is a payment made to the plaintiff intended to compensate them for financial loss or other injury. However, the ADA allows plaintiffs to recover damages. The Court held that if a claimant is seeking any relief that is available under the IDEA, the administrative procedures must be followed. However, if a claimant is only seeking damages under the ADA, the Court clarified IDEA's administrative procedures are not required to be followed and the claimant could file directly in federal court. The impact of this decision to districts is presently unknown. However, it may encourage ADA suits for serious situations, as the ADA requires providing intentional discrimination. However, districts should keep in mind that if a claimant is seeking any relief relating to a school's failure to provide a FAPE, the administrative procedures must continue to be followed. 

Other Resources

• 3 takeaways from the Perez special education case 

CASB Member Legal Resources: New FAQ for Medically Necessary Treatment Policy 

CASB has updated its Member Legal Resources bank to include a Frequently Asked Questions document regarding the Medically Necessary Treatment policy, JLCDC* and JLCDC*-R, published in CASB's February 28, 2023 Special Policy Update. This FAQ provides information to assist districts and BOCES with their implementation of the new policy required by law regarding access to medically necessary treatment on school campuses. This policy must be implemented by July 1, 2023.

 Member Legal Resources

As a reminder, the Member Legal Resources webpage, which features an index of CASB’s legal resources, is always available. These resources may still be located via the search tool.

CASB’s legal resources are for informational purposes only and do not constitute legal advice. Specific questions should be referred to the school district’s legal counsel.

 For Legal Update inquiries, please contact CASB’s Legal Team.