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Supreme Court Rules Public Schools Must Allow Parents to Opt Children Out of Curriculum Involving LGBTQ+ Books

On June 27, 2025, the U.S. Supreme Court issued a decision in Mahmoud v. Taylor, No. 24-297 (2025) concerning curriculum opt outs. The case focused on a Maryland public school district’s decision to stop allowing families to opt children out of class time spent on texts featuring LGBTQ+ characters and stories. The policy change was […]

SJC Decision Clarifies the Law Regarding a Retiree’s Entitlement to Group Health Insurance. The Retiree Had Resigned From Employment And Elected Not to Continue on the Group Plan Under the “Deferred Retirement” Rules But Chose Instead to Apply at the Time of Actual Retirement

In a decision issued on June 18, 2025 the Supreme Judicial Court has clarified a provision in the group health insurance law, G.L. chapter 32B. The relevant provision is G.L. c. 32B, § 9, which governs the group health insurance rights of retirees. In Cannata v. Town of Mashpee, No. SJC-13637 (June 18, 2025), the […]

Summer To-Dos for School Districts

As our school districts prepare for the start of the 2025-2026 school year, the summer presents a great opportunity to review and revise district documents to comply with federal and state laws and regulations and to codify best practices going forward. Here are a few areas that typically warrant review: Student Handbooks and Educational Service […]

Supreme Judicial Court Effectively Reverses Appeals Court Decision That Had Addressed the Three-Stage Burden Shifting Test Applicable to Charges Alleging Retaliation for Union Activity Based on Circumstantial Evidence

The Supreme Judicial Court has effectively reversed an Appeals Court decision regarding retaliation claims under G.L. chapter 150E that was issued literally one year earlier to the day. In City of Newton v. Commonwealth Employment Relations Board (“CERB”), 104 Mass.App.Ct. 203 (2024), the Appeals Court had reversed a decision by the CERB. That decision, in […]

Appeals Court Issues Decision Clarifying in Detail the Attorney-Client Privilege of Municipal Entities

In a decision issued on March 28, 2025 a panel of the Massachusetts Appeals Court has analyzed in detail the attorney-client privilege of municipal entities. Kay v. Town of Concord, No. 23-P-1271 (2025), involved an appeal from a Superior Court judgment that the plaintiffs were not entitled to obtain unredacted emails involving communications between Town […]

COVID-era Public Meeting Flexibilities Expire on March 31, 2025

Temporary provisions pertaining to the Open Meeting Law that were first introduced during COVID are due to expire on March 31, 2025. These temporary provisions allowed public bodies to continue holding meetings remotely without a quorum of the public body physically present at a meeting location, and to provide “adequate, alternative” access to remote meetings. […]

VDH Announces New Elevation

Valerio Dominello & Hillman, LLC is pleased to announce that effective January 1, 2025, Attorney Thomas Costello has become an Equity Member in the firm. Thomas H. Costello VDH recognizes the valuable contributions that Mr. Costello has made to our clients and to our firm. The bio for Mr. Costello is available on our website, […]

Massachusetts DPH Issues Advisory Regarding Administration of Medications by School Nurses During School Trips Outside Massachusetts

On February 4, 2025 the Massachusetts Department of Public Health issued an advisory to all public and private schools regarding the administration of medicines by school nurses during the portion of any school-sponsored trip that occurs outside Massachusetts. The advisory states that 105 CMR 210.000, including the provisions regarding delegation, cannot be used by school […]

U.S. Department of Education’s Office for Civil Rights to Enforce Title IX under 2020 Rule, Which Excludes Gender Identity Protections

The Department of Education through its Office of Civil Rights (“OCR”) has announced in a “Dear Colleague” letter that Title IX will be enforced under the provisions of the 2020 Title IX rule rather than the more recent 2024 Title IX Rule. There are two catalysts for this announcement: a ruling by the Eastern District […]

Federal Court Overturns Recently Published Title IX Regulations

Earlier this year, the U.S. Department of Education (“DOE”) released new Title IX regulations that went into effect in August 2024. Accordingly, many school committees revised their policies to comply with these new regulations. On January 9th, a Kentucky federal court issued a ruling holding that the recent Title IX regulations are unlawful and vacated […]