News & Analysis as of

State and Local Government Educational Institutions Child Abuse

Morgan Lewis

Maryland Supreme Court Upholds Removal of Civil Statute of Limitations for Child Sexual Abuse Cases

Morgan Lewis on

Maryland’s highest court, in a 4-3 decision on February 3, narrowly upheld the Child Victims Act of 2023, a law that retroactively and prospectively repeals the civil statute of limitations for survivors of child sexual...more

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Seyfarth Shaw LLP

Proposed Legislation Seeks To Extend The CVA Revival Window For One Additional Year

Seyfarth Shaw LLP on

Synopsis: Almost a year after the New York State Legislature enacted the Child Victim Act or “CVA” in February 2019 -- which included a one-year “revival window” under which claims for child sexual abuse could be brought...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Seyfarth Shaw LLP

Claims Can Now Be Filed Under New Jersey’s New Law For Asserting Child Sex Abuse Claims

Seyfarth Shaw LLP on

Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more

Franczek P.C.

New Law Imposes Various Measures to Address Student Safety, Including Educator License Suspension, Sexual Abuse Investigation...

Franczek P.C. on

On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more

Seyfarth Shaw LLP

Filings Begin Under New York’s Child Victim Act: Know The Rules

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Child Victim Act is now law and will have a significant impact on New York’s educational and religious institutions and other civic organizations that care for children. It extends the Statute of...more

Seyfarth Shaw LLP

The Significant Ramifications of New York’s Child Victim Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Child Victim Act is now law and will have a significant impact on New York’s educational and religious institutions and other civic organizations that care for children....more

Tarter Krinsky & Drogin LLP

What You Should Know About The New York Child Victims Act

With New York’s recent enactment of the Child Victims Act, the legal landscape surrounding claims of sexual abuse in the civil and criminal contexts has been substantially changed. Given the broad and sweeping impact of the...more

Seyfarth Shaw LLP

New York’s Child Victim Act is Now Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Child Victim Act is now law and is likely to have a significant impact on many of New York’s institutions. Educational, religious or other civic organizations that care for children. ...more

Bricker Graydon LLP

The not-so lame duck session: Last minute legislation affecting Ohio schools

Bricker Graydon LLP on

“Lame Duck” is the period in a public office after an election but before the successor takes office, leaving, presumably, the exiting public official with no particular power or influence. ...more

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