Executive Sessions – Yes or No?
For many years, there was little court guidance on the use of Executive Sessions under the Sunshine Act. However, in recent years, two (2) court decisions now provide guidance to…
Legal Insights
Amended IEP May Be Implemented Over Parents’ Objection
Alfred Maiello
In K.A. v. Fulton County School District the U.S. Court of Appeals for the Eleventh Circuit ruled that the IDEA does not require a school district to request a due process…
Multiple Bus Stops for Multiple “Residences”
Alfred Maiello
The Pennsylvania Commonwealth Court’s 2014 student transportation decision in Watts v. Manheim is likely to raise school district transportation costs in a climate where school districts are trying to save…
Maiello Brungo & Maiello appointed Solicitor for the Keystone Oaks School District
Alfred Maiello
Maiello Brungo & Maiello is pleased to announce that the Keystone Oaks School District has appointed the law firm as solicitor for the district. In that role, the firm will…
Bullying – No “Special Relationship” but Might Deny FAPE
Alfred Maiello
In the Spring 2012 edition of Education News, we reported the United States District Court dismissal of the Morrow vs. BlackhawkSchool District case involving a student’s claim that the District…
School Foundations – Don’t Operate in the Dark
Alfred Maiello
More and more school districts are establishing Foundations which are used to solicit and accept donations to assist in paying for school district programs and projects. However, school districts must…
What Happens When Divorced, Separated, or Never Married Parents Disagree?
Alfred Maiello
Procedural safeguards under the Individuals with Disabilities Education Improvement Act (IDEIA) provide parents a meaningful opportunity to participate in the decision-making process. Parental consent and participation is required for evaluation,…
What You Tweet Could be Held Against You
Alfred Maiello
Teacher use of social networking websites, like Facebook and Twitter, can be a minefield for teachers and other district employees. When a disgruntled school district employee takes to Twitter to…
Affordable Care Act – Delayed but Not Forgotten
Alfred Maiello
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…
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…