February 20, 2020 – A city employee’s social media post could subject the city to liability for securities fraud in the opinion of the U.S. Securities and Exchange Commission. The SEC recently published a staff bulletin outlining its views on the application of anti-fraud provisions to statements made by municipal […]
Author: Shelby M. Exposito
November 7, 2018 – The U.S. Supreme Court issued a decision yesterday, in a case that originated here in Arizona, clarifying that the Age Discrimination in Employment Act (ADEA) applies to all public sector employers. In Mount Lemmon Fire District v. Guido, the fire district argued that it was too small to be subject to […]
March 23, 2017 – The U.S. Supreme Court issued a unanimous opinion on the FAPE standard on March 22, 2017. In Endrew F. v. Douglas County School District, the parents of a child with autism rejected the school district’s proposed IEP and unilaterally enrolled him in private school. They later […]
March 23, 2017 – Arizona employers should prepare now for two recent updates to paid sick leave and the minimum wage increase that will affect them and their Arizona employees beginning July 1, 2017. First, most employees statewide will begin accruing paid sick leave on July 1, 2017, after the […]
The U.S. Supreme Court ruled yesterday that claims under Section 504 and the ADA which do not seek relief available under the Individuals with Disabilities Education Act (IDEA) can be filed directly in court, skipping the IDEA’s administrative process. In Fry v. Napoleon Community Schools, the parents of a student […]
While schools were closed for winter break, the U.S. Department of Education Office of Civil Rights (“OCR”) released several new guidance documents regarding children with disabilities. These resources summarize and update previous guidance in three main categories: In a Parent and Educator Resource Guide to Section 504 of the Americans with Disabilities Act, […]
On December 10, 2016, provisions of the Every Student Succeeds Act (ESSA) related to children in foster care will take effect. The Arizona Department of Education, child welfare agencies and local educational agencies are tasked with working together to ensure the educational stability of these students. The provisions address creating […]
On July 8, the EEOC announced that it has filed a lawsuit against a company that allegedly discriminated against disabled workers by, among other things, “applying inflexible and rigid medical leave policies” in violation of the Americans with Disabilities Act (ADA). In May, the EEOC settled a lawsuit for $8.6 […]
Communications to parents with Limited English Proficiency (LEP) may now have to be translated. The Department of Education and the Department of Justice recently distributed a statement of interest filed in a Pennsylvania case. They are now interpreting Title VI and the Equal Educational Opportunities Act to require educational agencies […]
Yesterday the Department of Labor announced its final rule updating overtime exemptions. The rule will affect white collar workers or those who are currently exempt from the FLSA’s overtime provisions under the executive, administrative, or professional categories. For school districts, these changes will not affect teachers. In addition, the new […]