Affordable Care Act – Delayed but Not Forgotten
School districts around the state have breathed a little easier since the Obama Administration announced in July that it would delay to 2015 the new health care law’s mandate that…
Legal Insights
Before You Hit “Send:” Avoiding Inadvertent Contract Formation by E-mail
Alfred Maiello
In the past twenty years, the Internet and cell phones have revolutionized the way the world communicates and transacts business. In order to “enhance and promote the reliability of electronic…
Retired or Unemployed? – Reduction in Work Force Makes a Difference
Alfred Maiello
On December 28, 2012, the Pennsylvania Supreme Court issued a decision which may impact whether your school district decides to offer an early retirement incentive (ERI) as part of planned…
Superintendent Contracts – No Longer an Option
Alfred Maiello
One of the many changes made to the School Code by the Pennsylvania Legislature at the close of the 2011-2012 session was an overhaul of Section 1072, which governs the…
Evidence – When does the Duty to Preserve Arise?
Alfred Maiello
In the Fall 2011 edition of Education News, we addressed situations where a school district could be exposed to electronically stored information (ESI) spoliation sanctions and provided steps to include…
SEXTING – MAKING THE PUNISHMENT FIT THE CRIME
Alfred Maiello
On October 25, 2012,Pennsylvania joined a growing number of states in enacting Act 198 of 2012 that tailors the punishment for youth involved in “sexting” rather than relying on existing…
THIRD CIRCUIT FIRST TO EXAMINE SCOPE OF TWO-YEAR STATUTE OF LIMITATIONS IN SECTION 504 CLAIMS
Alfred Maiello
In an October 11, 2012 decision, the Third Circuit Court of Appeals held that claims for compensatory education under Section 504 of the Rehabilitation Act are limited by the two-year…
STUDENT DRUG TESTING: CAN YOUR DISTRICT DO IT?
Alfred Maiello
In the Summer 2012 edition of Education News, we discussed anAllegheny County school district’s board policy which provided for the exclusion from school activities of any student who was charged…
ACT 82 CLARIFICATION ON BACKGROUND CHECKS
Alfred Maiello
Recently Governor Corbett signed into law House Bill 1901, now known as Act 82 of 2012, which made various changes to the Public School Code of 1949. One of those…
SPOTLIGHT ON SPECIAL EDUCATION: “STAY PUT” PLACEMENT DURING THE APPEALS PROCESS
Alfred Maiello
One of the fundamental tenets of special education law is that during a pending dispute between a school district and a family regarding a special education student’s proper placement, the…
AUDITOR GENERAL WEIGHS IN ON SCHOOL BOARD’S SPENDING ON CATERED MEALS
Alfred Maiello
On December 27, 2011, Pennsylvania Auditor General Jack Wagner released a final report concerning an investigation undertaken by the Department’s Office of Special Investigations into the spending practices of the…
SUPREME COURT HOLDS STUDENTS MAY BE ENTITLED TO MIRANDA WARNINGS
Alfred Maiello
In its recent decision in J.D.B. v. North Carolina, the U.S. Supreme Court addressed students’ rights to traditional Miranda warnings when questioned by police officers in the school setting. The…
Maiello Brungo & Maiello appointed Solicitor for Braddock Borough
Alfred Maiello
The Pittsburgh law firm of Maiello Brungo & Maiello was appointed Solicitor for Braddock Borough on February 14, 2012. Falco A. Muscante will serve as the primary attorney for the…
Act 6 of 2011 – Changes to PA Unemployment Compensation
Alfred Maiello
Recent changes to Pennsylvania’s unemployment compensation (“UC”) law which will impact employers who offer large severance packages to employees. Where previously, a UC claimant could collect full benefits regardless of…
STATE-CREATED DANGER – IS YOUR DISTRICT AT RISK?
Alfred Maiello
In a decision announced August 22, 2011, Western District Judge David Cercone dismissed a lawsuit by granting the summary judgment motion filed by MB&M in favor of a client school…