Connecticut’s Freedom of Information Act (FOIA) generally provides access to records created by public agencies (including school districts). However, the FOIA contains an exemption from disclosure for “educational records”...more
1/15/2025
/ Data Privacy ,
Department of Education ,
Document Requests ,
Educational Institutions ,
FERPA ,
FOIA ,
Privacy Laws ,
Privacy Rule ,
Public Records ,
School Districts ,
Student Privacy ,
Students
Board members sometimes just assume that whenever they enter into executive session under Connecticut’s Freedom of Information Act (FOIA), they can invite anyone they want into the session. Furthermore, boards often assume...more
Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (FOIA), believing that anything sent to me is automatically covered by the attorney-client...more
One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business. As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more
Congratulations on your election to the board of education and thank you for volunteering your time to your community. As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more
As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more
11/7/2023
/ Administrative Exemption ,
Disclosure Requirements ,
FOIA ,
Notice Requirements ,
Open Records ,
Public Access Laws ,
Public Comment ,
Public Employees ,
Public Meetings ,
Public Records ,
Request For Information ,
School Boards ,
School Districts
Often times, when facing voluminous requests for records under Connecticut’s Freedom of Information Act (FOIA), clients will simply ask me: “How long do we have to comply?” There is no simple answer, but here are some...more
It is a common practice for employers to conduct exit interviews with departing employees. Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more
10/11/2022
/ Connecticut ,
Educational Institutions ,
Employee Rights ,
FERPA ,
FOIA ,
FOIC ,
Former Employee ,
Invasion of Privacy ,
Personnel Records ,
Protected Disclosures ,
Public Agencies ,
Records Request ,
Reputation Management
The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more
8/18/2022
/ Connecticut ,
Education Reform ,
FOIA ,
General Assembly ,
Individualized Education Programs (IEPs) ,
Mental Health ,
Omnibus Guidance ,
Public Acts ,
Public Schools ,
School Lunch Programs ,
Special Education ,
Students
On April 28, 2022, Governor Lamont signed Public Act 22-3, which makes permanent changes to Connecticut’s Freedom of Information Act (FOIA) so as to preserve the ability of public agencies (such as school boards) to conduct...more
In my last column, The FOIA and the Pandemic: New (temporary?) Provisions on “Remote” and “Hybrid” Meetings for Public Agencies, I provided a summary of the “budget implementer” bill that amended Connecticut’s Freedom of...more
The “budget implementer” bill that was passed in June amends Connecticut’s Freedom of Information Act (“FOIA”), preserving, at least temporarily, elements of pandemic-era Executive Orders concerning “remote” and “hybrid”...more
Shortly after declaring a State of Emergency with respect to the COVID-19 pandemic, and in light of the desire to avoid large in-person gatherings, Governor Lamont issued Executive Order 7B, which provides that the in-person...more
While there are more urgent public health issues to consider, the outbreak of the Coronavirus (COVID-19) has caused practical concerns regarding how public agencies can comply with Connecticut’s Freedom of Information Act...more
3/18/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Executive Orders ,
FOIA ,
Infectious Diseases ,
Open Meetings Act ,
Public Access Laws ,
Public Meetings ,
State and Local Government
Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more
12/24/2019
/ Electronic Communications ,
Electronic Records ,
Email ,
FERPA ,
FOIA ,
Invasion of Privacy ,
Public Schools ,
School Districts ,
Special Education ,
Student Privacy ,
Student Records ,
Students
Do We Really Have To Deal With All of These FOIA Requests (And Are We Obliged To Deal With “Vexatious Requesters”)? -
As an attorney representing school districts and other public agencies, I often hear from folks who are...more
A common view has been that in the absence of a quorum, a “meeting” of a public agency that would be subject to Connecticut’s Freedom of Information Act (“FOIA”) cannot occur. For example, the Connecticut Appellate Court...more
We are approaching a time of year where a board of education may have to deal with its long time and (hopefully) beloved superintendent deciding to retire or otherwise move on to another chapter in his or her life. Any...more
A common problem for boards of education is getting enough members in attendance at a board meeting in order to have a quorum (usually, a majority of the board). There may be times when a board member wishes to participate...more
Connecticut’s Freedom of Information Act (“FOIA”) generally provides access to both meetings and records of public agencies. The FOIA does provide an exception to the open meetings requirements for certain “personnel...more
The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more
8/14/2018
/ Data Privacy ,
FOIA ,
Food Allergies ,
Omnibus Guidance ,
Public Health ,
Right to Privacy ,
Salary/Wage History ,
School Districts ,
Special Education ,
State Budgets ,
Teachers ,
Unemployment Compensation System
The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more
8/3/2018
/ Cost-Sharing ,
Data Privacy ,
Disabled Children ,
Diversity ,
Educational Institutions ,
FOIA ,
Food Allergies ,
General Assembly ,
Governor Vetoes ,
Grants ,
Hiring & Firing ,
Legislative Agendas ,
Mobile Devices ,
Natural Disasters ,
New Legislation ,
Public Employers ,
Public Health ,
Public Schools ,
Puerto Rico ,
Right to Privacy ,
Risk Assessment ,
Safety Standards ,
Special Education ,
State and Local Government ,
State Budgets ,
Students ,
Teachers
The 2018 Regular Session of the Connecticut General Assembly concluded on May 9, 2018. Numerous bills that were of significant interest (e.g., paid family and medical leave, other changes to the state’s FMLA, changes in the...more
In the aftermath of another senseless and tragic school shooting, school districts are understandably looking inwards as they contemplate the need to adjust their security measures. I am frequently asked how school districts...more
The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene...more