News

New Features of Public Participation at School Committee Meetings

 

Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.

 

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Latest News

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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