Legal Insights

In the Summer 2012 edition of Education News, we discussed anAllegheny County school district’s board policy which provided for the exclusion from school activities of any student who was charged…

Recently Governor Corbett signed into law House Bill 1901, now known as Act 82 of 2012, which made various changes to the Public School Code of 1949. One of those…

One of the fundamental tenets of special education law is that during a pending dispute between a school district and a family regarding a special education student’s proper placement, the…

On December 27, 2011, Pennsylvania Auditor General Jack Wagner released a final report concerning an investigation undertaken by the Department’s Office of Special Investigations into the spending practices of the…

In its recent decision in J.D.B. v. North Carolina, the U.S. Supreme Court addressed students’ rights to traditional Miranda warnings when questioned by police officers in the school setting.  The…

The Pittsburgh law firm of Maiello Brungo & Maiello was appointed Solicitor for Braddock Borough on February 14, 2012. Falco A. Muscante will serve as the primary attorney for the…

Recent changes to Pennsylvania’s unemployment compensation (“UC”) law which will impact employers who offer large severance packages to employees.  Where previously, a UC claimant could collect full benefits regardless of…

In a decision announced August 22, 2011, Western District Judge David Cercone dismissed a lawsuit by granting the summary judgment motion filed by MB&M in favor of a client school…

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…