Legal Insights

As a new school year begins, your District may receive a request from your County Health Department for specific information on students with missing immunizations.  Although the requested information, including…

As many of you may be aware (and some currently involved), the Pennsylvanian Department of General Services (“DGS”) has re-implemented its Best Value Contracting for the New Convocation Center at…

On March 24, 2008, the United States Department of Education published in the Federal Register proposed amendments to the regulations implementing the Family Education Rights and Privacy Act (FERPA).  FERPA…

Portions of the following scenario are fictitious and the factually accurate portions are so bizarre that they appear to be fictitious. You receive a notice to proceed on the new…

A Complete Re-Writing of Pennsylvania’s 1957 Right to Know Law Results in New Burdens and Duties on All School Districts  Pennsylvania’s new Right to Know Law, Act 3 of 2008,…

Presently, the No Child Left Behind Act is due for reauthorization by Congress.  As of this newsletter going to print, Congress has not yet reauthorized it, and many observers have…

A recent Federal Court Case in the Eastern District of Pennsylvania points out the typical pitfalls plaguing contractors in the construction bid process.  The Court found that a subcontractor is…

Recently, the Internal Revenue Service announced a change in the way it will interpret tax laws relating to deferred compensation which will have an impact on the way professional employees…

In an opinion announced at the end of the 2006-2007 term, the U.S. Supreme Court decided a case concerning student free speech rights and the ability of a school district…

It is a current trend for private and public entities to set up a wireless local-area, or wireless fidelity, network (“Wi-Fi HotSpot”) to provide free internet access to the public.…

Owners, in drafting construction contracts, include “no damage for delay” clauses which preclude a contractor or subcontractor from obtaining a monetary or other damage award for delays during construction and…

Often with commercial leases a tenant will seek or be offered a form of inducement for its lease of premises, generally to allow for tenant improvements to space.  There are…

Problems and Solutions Pennsylvania coal has been mined since the 1800’s[1]. Before 1977[2] under-regulated mining left open pits, coal refuse, spoil piles, acid mine drainage, open shafts, erosion, clogged streams,…

The Pennsylvania legislature has passed a law revising the Mechanics’ Lien Law of 1963 that, as of January 1, 2007, a wavier of a contractor of its lien rights is…

Student or parent complaints regarding misconduct by teachers is always a sensitive matter but one which requires prompt and immediate action by the District.  Individuals vested with responsibility for investigating…