Client Briefings
Professional, competent and experienced, O'Hara & O'Connell makes every effort to communicate with our clients in a timely manner regarding new developments in the law that affect their interests.
One way we help our clients is by sending periodic Client Briefings on new developments in the law. These briefings, which address new legislation, regulations and case law developments, are distributed to clients and friends by e-mail. If you would like to be added to our distribution list, please click Client Briefings Distribution List and provide us with your email address. For more detailed contacts, please visit the "Contact Our Firm" icon above.
Recently issued Client Briefings can be accessed below:
Burden of Proof - Due Process Hearings-(March 2005)
The United States Supreme Court will decide who has the burden of proof in due process hearings.
School Districts Must Immediately Post Notice of USERRA Rights-(March 2005)
The Veterans' Benefits Improvement Act of 2004 requires immediate posting of new notice of veterans' benefits.
IDEA and Independent Evaluations-(March 2004)
Parents have the right to an independent educational evaluation subject to certain limits.
The Sexual Orientation Non-Discrimination Act (SONDA)-(September 2003)
SONDA prohibits discrimination against students and staff based on sexual orientation.
Certification on Constitutionally Protected Prayer- (March 2003)
The No Child Left Behind Act requires school districts to certify that they do not have a policy that prevents or denies participation in "constitutionally protected prayer."
The Rights of Reservists Called to Active Duty-(December 2002)
Reservists called to active duty are entitled to a leave of absence and to job protection after their military service ends.
No Child Left Behind Act Notices That Must Be Provided Annually to Parents-(November 2002)
The No Child Left Behind Act requires schools to provide several notices to parents.
Student Drug Testing-Round II-(October 2002)
Schools may require random drug testing of students as a condition of participation in extracurricular activities.
Attorneys' Fees - Special Ed Disputes-(September 2002)
Parents are not entitled to recover attorneys' fees for obtaining program change after filing a complaint with SED.
Report of President's Commission on IDEA Reauthorization-(September 2002)
The President's Commission seeks to fundamentally shift IDEA to focus on results and accountability.
New Commissioner's Regulation on Alternative Format Instructional Materials-(May 2002)
The new regulation requires schools to establish a written plan to provide alternative format instructional materials to disabled students.
New Student Attendance Regulation-(December 2001)
The new regulation requires schools to adopt a policy on student attendance, and to comply with new attendance record keeping requirements.
New Commissioner's Regulations on Impartial Hearing Officers in Due Process Proceedings-(August 2001)
New Commissioner's Regulations request boards of education to adopt a policy on the selection and appointment of Impartial Hearing Officers and report to SED on hearings.
Rights of School Districts with Respect to Settlement of Tax Certiorari Proceedings-(July 2001)
Settlement of a tax certiorari case requires consent of school district party.
PINS Petitions and Changes in Placement Issues- (October 2000)
The filing of a PINS petition does not automatically constitute a change in placement. However, it may depending upon the specific circumstances.
Superintendents Required to File Oath of Office-(August 1999)
The Commissioner holds that Superintendents of Schools must file an Oath of Office.