Federal Bill Could Legalize ‘Charlotte’s Web’ Strain of Medical Marijuana

The United States House of Representatives recently introduced a bill that would legalize a strain of medical marijuana oil, called “Charlotte’s Web,” that is currently in use in Colorado to treat patients with severe epilepsy. Specifically, the Charlotte’s Web Medical Hemp Act of 2014 seeks to exclude therapeutic hemp and cannabidiol—also known as CBD, a non-psychoactive compound in cannabis that [...]

By |2017-03-27T16:54:49-06:00September 22, 2014|

New Guidance on Inclusion of ELL Students with Disabilities in Annual ELP Assessments

The United States Department of Education recently released Q&A guidance related to the participation of students with disabilities in annual English language proficiency (ELP) assessments under Titles I and III of the Elementary and Secondary Education Act (ESEA). In a nutshell, the Q&A clarifies that just as students with disabilities must participate in the State’s annual academic testing (i.e., TCAP), [...]

By |2016-12-27T11:07:00-06:00September 3, 2014|

Updates to Plyler Guidance Reinforce Rights of All Students to Elementary and Secondary School Education

By Alyssa Burghardt and Brad Hendrick In anticipation of the upcoming school year, it’s important for school districts to keep in mind the updated Plyler Guidance issued by the United States Departments of Education and Justice in May. The guidance was first issued in 2011 to notify schools of their responsibilities following the Supreme Court decision Plyler v. Doe, which [...]

By |2016-12-27T11:07:01-06:00August 5, 2014|

Telephone Consumer Protection Act Compliance: Recent FCC Rules and What Your District Should Know About Autodialing and Text Message Communications with Students, Parents and Staff

Many school districts1 have embraced automatic telephone dialing (aka “autodialing”) systems and text messages as means of communicating with students, parent and staff.  As your school district updates its communications systems for a new year, it’s important to revisit district obligations with respect to these methods of communication under the Telephone Consumer Protection Act, particularly in light of the FCC [...]

By |2016-12-27T11:07:02-06:00July 22, 2014|

Can Electronic Data Defend Your Organization?

Proposed Federal Rules of Evidence on Hearsay Remind Organizations to Look at Data Systems A bedrock issue frequently facing business or public organizations in litigation is the admissibility of the organization’s electronic data—such as computerized personnel records in employment litigation or electronic payment records in a contract dispute—in court. Typically, a CEO or other organizational representative will not be able [...]

By |2016-12-27T11:07:03-06:00July 1, 2014|

Colorado Education Association S.B. 191 “Mutual Consent” Lawsuit Dismissed

Late on June 6, a Denver district judge dismissed the Colorado Education Association lawsuit challenging the Denver Public Schools’ (“DPS”) adoption of the “mutual consent” provisions in S.B. 191.  The court ruled that plaintiff Cynthia Masters, on behalf of the CEA, failed to establish that the “mutual consent” provisions of S.B. 191 violated the Colorado Constitution’s contract and due process [...]

By |2016-12-27T11:07:08-06:00June 19, 2014|

Education and the 2014 Legislative Session

By Alyssa Burghardt and Kristin Edgar The 2014 Colorado legislative session, which ended on May 7, resulted in several notable pieces of proposed education legislation, which are highlighted below. School Finance Following the failure of Amendment 66 to pass last year, legislators were busy this session debating how K-12 schools would be funded. A combination of bills—including the School Finance Act, [...]

By |2016-12-27T11:07:08-06:00June 13, 2014|

Colorado Supreme Court decides three cases related to Colorado Governmental Immunity Act

The Colorado Supreme Court decided three cases yesterday focusing on the meaning of a provision of the Colorado Governmental Immunity Act (CGIA) that waives immunity for claims arising from injuries allegedly caused by a dangerous condition of a public facility located in a public park or recreation area. The cases involved the parking lot of a public golf course, a zip-line [...]

By |2016-08-11T11:04:38-06:00May 20, 2014|

Is Your School Ready for Ask.fm, Vapor Pens, and 7:10?

For many schools and school boards, the end of the school year is a good time to make sure school policies and procedures are still relevant and up-to-date. This year, we saw several trends hit schools that may require a policy update, including cyber-bullying, e-cigarettes and vapor pens, and marijuana. Cyber-Bullying and the New Generation of Social Networking Apps A [...]

By |2016-12-27T11:07:09-06:00April 7, 2014|

Update on Amendment 64: Marijuana and Schools

Colorado’s retail sales of marijuana began Jan. 1, 2014 with long lines of customers in Denver. In fact, it’s estimated that more than $5 million in legal retail marijuana was sold the first week of January alone, with possible projections of more than $600 million in sales this year.  Due to this expected increase in supply and demand of marijuana [...]

By |2016-12-27T11:07:11-06:00February 6, 2014|