We recently received notice from the Arizona Deputy Treasurer that many bond issuers failed to file their annual report by June 30 as required by A.R.S. §35-501. Counties, cities, towns, school districts, irrigation districts, other political subdivisions and municipal property corporations (collectively “Issuers”) are required to file reports of all […]
Category: Legal Alerts
On September 29, 2016, the Arizona Department of Environmental Quality (the “ADEQ”) re-issued the Small MS4 Stormwater General Permit, AZG2016-002 (the “Permit”) to provide coverage to existing and new MS4s for the discharge of stormwater to waters of the U.S. within Arizona. Key updates include: Existing permittees must update their […]
The Texas Federal Court has granted the plaintiffs a preliminary injunction in the Title IX case concerning access to school bathrooms, locker rooms and other intimate areas. The Arizona Department of Education and Heber-Overgaard USD are two of the plaintiffs. The order prevents the USDOE and DOJ “from enforcing the […]
The U.S. Department of Education’s Office for Civil Rights (OCR) is actively addressing the issue of website accessibility for persons with disabilities in Arizona and nationally. OCR has authority to enforce Section 504 and the Americans with Disabilities Act. Under these laws, OCR can investigate whether a school district has […]
Last week, the plaintiffs in the case Texas v. United States (which include the Arizona Department of Education and an Arizona school district) filed a motion for preliminary injunction seeking to enjoin the US Department of Education’s Office of Civil Rights and the Department of Justice from enforcing their recent […]
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 […]
In the recent Abbott v. Banner Health Network decision, the Arizona Supreme Court left unanswered the question of whether health care facilities can record balance bill liens on Arizona Health Care Cost Containment System (AHCCCS) patients. Plaintiffs were AHCCCS patients who sued a third party for injuries. In accordance with […]
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 […]