No Right to Know Cell Phone Numbers
With the advent of the new Right-to-Know Law on January 1, 2009, the Pennsylvania Supreme Court issued its decision in Tribune Review Publishing Company v. Bodack in which it ruled…
Legal Insights
Is Your District NIMS Compliant?
Alfred Maiello
Although Section 2(10) of the Homeland Security Act of 2002 includes school districts in the definition of “local government,” both the Federal Emergency Management Agency (FEMA) and the Pennsylvania Emergency Management…
“FERPA Trumps HIPAA in Immunization Disclosure”
Alfred Maiello
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…
DGS Tries New Method of Contracting – “JOC” Job Order Contracting
Alfred Maiello
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…
Changes to FERPA Regulations Proposed By U.S. Department of Education
Alfred Maiello
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…
Facility Owner Not Responsible for Improperly Marked Underground Utilities
Alfred Maiello
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…
All You Need to Know About the New Right to Know Law
Alfred Maiello
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,…
Sixth Circuit Allows Suit Challenging No Child Left Behind Act to Proceed
Alfred Maiello
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…
Subcontractor Bids – When is A Bid Binding?
Alfred Maiello
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…
Recent Tax Law Changes Affect Teacher Compensation
Alfred Maiello
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…
Supreme Court Addresses First Amendment Rights of Students
Alfred Maiello
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…
Wi-Fi Hotspots and Liability Concerns
Alfred Maiello
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.…
“No Damage for Delay” Still Exists In Pa
Alfred Maiello
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…
Commercial Lease Inducements and Tax Treatment
Alfred Maiello
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…
Subsidence – Abandoned Mines In Pennsylvania
Alfred Maiello
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,…