Sex Offenders’ Internet Aliases Must Be Disclosed
“Megan’s Law” took effect on April 21, 1996 to provide a means of protecting the public, especially school age children, from victimization by sexual offenders. This is accomplished by tracking…
Legal Insights
When Student Privacy Collides with Sexual Harassment Victim Rights
Alfred Maiello
A student makes a claim that she has been sexually harassed by another student in your district. In conformity with district policies regarding Title IX and the investigation of sexual…
OCR Provides New Guidance on How to Respond to Complaints of Bullying of Disabled Students
Alfred Maiello
On October 21, 2014, the U.S. Department of Education Office for Civil Rights (OCR) released a Dear Colleague Letter concerning the bullying of students with disabilities. This guidance appears to…
Employee Mental Illness – a Recognized Disability
Alfred Maiello
The intent of the Americans with Disabilities Act (ADA) is to provide wide-ranging protection to disabled Americans. Over time, several federal courts, and eventually the U.S. Supreme Court, interpreted the…
May Educators Search Student Cell Phones?
Alfred Maiello
Do students have an expectation of privacy on their cell/smart phones while at school? The short answer is a “qualified” yes. School teachers and administrators, from time to time, may…
Borough Mayor Has the Authority to Break a Tie Vote in Borough Council’s Decision to Appoint a Borough Solicitor
Alfred Maiello
On March 26, 2015, the Commonwealth Court affirmed the decision and order of the Allegheny County Court of Common Pleas that a borough mayor, pursuant to the Borough Code,…
School Officials May Subject Students To Breathalyzer Tests Before Allowing Them To Enter the Prom
Christina Lane
On March 2, 2015, a federal district court in Florida ruled that school officials and local law enforcement did not violate students’ Fourth Amendment search rights when sheriff’s deputies searched…
Bullying and Students with Disabilities – Office of Civil Rights (OCR)
Christina Lane
On October 21, 2014, OCR issued a Dear Colleague Letter that expanded on the 2013 guidance that the bullying of a student with a disability on any basis can result in…
What is the Potential Liability for School Districts that Decide to Arm School Staff?
Alfred Maiello
With the exception of duly appointed school police officers, Pennsylvania does not permit school staff to carry firearms in schools and/or on school grounds. However, there are two pending bills…
ALERT! UPDATE – Right to Know Request for Home Addresses of School Employees
Christina Lane
The Commonwealth Court on February 17, 2015 issued its opinion on the release of home addresses of school employees in response to a Right to Know Law (RTKL) request. What…
Act 153 Clearances for Volunteers & School Employees
Christina Lane
Act 153 requires that all adult volunteers, responsible for the welfare of a child or having direct contact with children, provide certifications of required background clearances by July 1, 2015.…
2012
Alfred Maiello
Maiello Brungo & Maiello and School Claims Services to present a Seminar September 10, 2012 Commonwealth Court Vacates Labor Arbitrator Reinstatement of Teacher August 8, 2012 Maiello Brungo & Maiello Appointed…
2011
Alfred Maiello
David Raves to speak at American Bar Association Construction Forum October 2011 MB&M Wins Dismissal of State-Created Danger Suit for Local School District August 2011 Four Maiello Brungo & Maiello…
Student Discipline and Section 504
Alfred Maiello
Discipline of students with disabilities has to be different if the Section 504 prohibitions on disability discrimination are to have any value. If a student’s impairment causes misbehavior, disciplining him…
Avoiding the Potential Pitfalls in a Commercial Lease
Alfred Maiello
For most businesses, leasing commercial space is the foundation on which future success or potential failure of the business is predicated upon. Although lease transactions may appear to be similar…