Legal Insights

School districts are constantly bombarded by litigation involving federal constitutional rights or protections, whether First Amendment student free speech issues or employee discrimination claims based on age, sex or race. …

Within the last few months, several court decisions and other developments have occurred which impact the internet free speech rights of students and teachers and attempts to address the effect…

After the state budget was signed into law on June 30, 2011, Governor Corbett directed his attention to several items of legislation which had been pending on his desk.  Within…

Governor Corbett’s proposed budget cuts have caused many public school districts to give serious consideration to staffing and program reductions.  Many districts are considering the furlough of professional employees, as…

As you know, there are a variety of state and federal statutes which protect the rights of employees.  It is vitally important that school districts conduct investigations concerning employee misconduct…

In Brooks v. the City of Philadelphia, the Eastern District of Pennsylvania dismissed the plaintiff’s case under Title IX and Section 1983 for the school district’s allegedly inappropriate responses to…

On September 27, 2010, the Commonwealth Court announced its decision in a case brought by a group of School Directors who were removed from the North Schuylkill School District Board…

A “private transfer fee covenant” (sometimes called a “reconveyance fee” or a “capital recovery fee”) refers to a covenant attached to real property that requires a fee to be paid…

Since the new Right-to-Know Law (RTKL) took effect on January 1, 2009, as of June 22, 2009, the State Office of Open Records (OOR) has rendered over 250 final determinations, 31…

As school officials well know, there are multiple venues for employees, parents or students to file complaints concerning issues related to education or school employment, including the Pennsylvania Human Relations…

The end of the school year may mark the expiration of some collective bargaining agreements (CBA) or the commencement of formal negotiations for others.  If negotiations fail to result in…

Much has been reported of the lowering of inhibitions in the computer information age.  In the context of litigation and public dialogue on issues, caution should be exercised in communications…

At the end of its 2008-2009 term, the U.S. Supreme Court decided a case which implicates the constitutional rights of students with regard to searches and may impact the way…

Often school officials must determine whether a statement or writing is a threat, and if so, what punishment is appropriate. Commonwealth Court will soon consider the difficult determination of whether…

It is not unusual for School Districts to find themselves at an impasse in contract negotiations.  In today’s economic climate, Districts strive to hold the line on the ever escalating…