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Department of Education Distributes “Dear Colleague” Letter Discussing AI And Use of Federal Funds by Schools

In a “Dear Colleague” letter dated July 22, 2025, the U.S. Department of Education (“DOE”) issued guidance on the use of federal grant funds to improve education outcomes using artificial intelligence (“AI”).  The letter articulates the DOE’s commitment to educational excellence, innovation, and opportunity for every learner and encourages federal grantees to explore how AI […]

Federal Court Clarifies When Contract Negotiations May Establish a “Property Right” in Employment That is Protected by the Due Process Clause

On July 14, 2025 the United States District Court of Massachusetts issued a decision that clarifies past rulings holding that public employees in particular circumstances have a “property right” in their employment under the Fourteenth Amendment’s procedural due process guarantee. The plaintiff sued the City of Easthampton, the Easthampton School Committee, several individual Committee members, […]

VDH Attorney Contributes to American School Board Journal

The August 2025 edition of the American School Board Journal (ASBJ) features an article by VDH attorney Jennifer King regarding student discipline practices. Ms. King’s article, “Rethinking Student Discipline” is available in the print edition and online here: https://www.nsba.org/resources/asbj/asbj-august-2025/august-2025-school-law-rethinking-student-discipline ASBJ is an award-winning education magazine founded in 1891 providing nearly 100,000 school board members and […]

Nick Dominello Presents at 2025 Massachusetts Association of School Committees (“MASC”) Summer Institute

On Saturday, July 19, 2025 Nick presented at the MASC Summer Institute in Springfield.  Nick gave a presentation on public sector collective bargaining.

Supreme Court Holds that Educational Service Based Claims Filed under the ADA and Section 504 by Disabled Students Should not be Held to a Higher Standard

On June 12, 2025 the Supreme Court issued an important decision deciding the standard of proof a student/family must in order to establish a claim for damages under the Americans With Disabilities Act (“ADA”) or under Section 504 of the Rehabilitation Act alleging that they have been unlawfully denied educational services. In A.J.T. v. Osseo […]

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 […]