WHEN IS AN EMPLOYEE’S RESIGNATION CONSIDERED A DISCHARGE?
It is often the case that when an employee is confronted with an overwhelming amount of evidence to support termination from employment, the employee is willing to tender their resignation…
Legal Insights
Special Education Series – Recycling
Christina Lane
Recycling, documents and information, may take little effort but it could cause significant problems in a school district’s compliance with IDEA and its provision of FAPE. “Annual goals were repeated…
An Overview on Property Taxes
Alfred Maiello
Taxes. During this time of year, it is likely that you have just completed and filed your local, state, and federal income taxes. While taxes are still fresh in your…
Special Education – Residency Dispute
Christina Lane
Federal Court carves out special rule for special education residency disputes-when an issue of residency is intertwined with the receipt of special education services, the Office for Dispute Resolution hearing…
Termination Upheld Due to Illegal Drug Use
Christina Lane
In a victory for School Districts, the Pennsylvania Commonwealth Court recently decided the case of Metz v. Bethlehem Area School District on January 4, 2018. In this case, a professional…
A compensatory education award does not create an unfettered entitlement to college tuition.
Christina Lane
When things go wrong in special education and a student has not received the benefit of his/her educational program, the student is awarded compensatory education for the denial of a…
Oath of Office – Board Reorganization
Christina Lane
Pennsylvania recently adopted the Revised Uniform Law on Notarial Acts (“RULONA”), which will affect the process of swearing in newly elected and reelected School Board Members during Board Reorganization meetings…
Are AngelSense or other GPS devices legal in schools? The devil is in the details.
Christina Lane
A new GPS-based technology appears to answer parents’ fears about their children’s safety while at school. One such device, AngelSense allows GPS tracking, ensuring parents that they will know where…
PA Public School Code Under Pennsylvania Legislature
Christina Lane
PA State School Code Amendments – The Pennsylvania Legislature recently passed numerous amendments to the Pennsylvania Public School Code, which took effect Sunday without Governor Wolf’s signature. As part of…
Can Schools Punish Students for Vulgar, Off-Campus Speech?
Christina Lane
In the case of B.L. v. Mahanoy Area School District, a school district’s punishment leveled against a cheerleader for engaging in profanity on a Snap did not withstand legal challenge. …
Decision of Pennsylvania Supreme Court – Disclosure of Home Addresses under Right-to-Know Law
Alfred Maiello
On October 18, 2016, the Pennsylvania Supreme Court issued its opinion in the case of Pennsylvania State Education Association, et al. v. Commonwealth of Pennsylvania, et al., which will throughout…
Copyright and Right to Know Law
Christina Lane
Recently, the Pennsylvania Commonwealth Court issued a decision in the case of Ali v. Philadelphia City Planning Commission regarding Mr. Ali’s request for public records relating to a commercial development…
2015
Alfred Maiello
As A Small Business Are You Prepared For An Emergency? December 2015 Changes to the PA Vehicle Code regarding Commercial Driver’s Licenses (CDLs) that affect School Bus Drivers November 2015…
Family and Medical Leave Act (FMLA) Settlements: Who pays the taxes?
Alfred Maiello
The issue often arises in FMLA settlements as to how Plaintiff will be paid. If a plaintiff is paid by W-2, the employer is obligated to deduct applicable taxes, withholdings…
PA’s Economic Loss Rule Further Defined
Alfred Maiello
Pennsylvania does not allow negligence claims against a party that result solely in economic damages. In 2005 the Pennsylvania Supreme Court provided an exception to this general rule in its…