For almost two decades, a School Director’s participation in negotiations with a bargaining unit which includes the Director’s spouse has not been permitted by the 1990 Ethics Commission Van Rensler…
Since the new Right-to-Know Law (RTKL) took effect on January 1, 2009, as of June 22, 2009, the State Office of Open Records (OOR) has rendered over 250 final determinations, 31…
A Pennsylvania federal judge has permitted a lawsuit to continue against the Pennsylvania Department of Education (PDE) concerning statewide special education funding. In CG v. Commonwealth of Pennsylvania, parents in…
As school officials well know, there are multiple venues for employees, parents or students to file complaints concerning issues related to education or school employment, including the Pennsylvania Human Relations…
The end of the school year may mark the expiration of some collective bargaining agreements (CBA) or the commencement of formal negotiations for others. If negotiations fail to result in…
School boards have a legal duty to fill certain vacant positions in a timely manner. A recent, somewhat unusual case from the Schuylkill County Court of Common Pleas illustrates the…
As of September 15, 2009, Act 32 required that all taxing bodies, including School Districts and Municipalities, within each tax collection district (TCD) appoint a delegate and one or more…
Much has been reported of the lowering of inhibitions in the computer information age. In the context of litigation and public dialogue on issues, caution should be exercised in communications…
At the end of its 2008-2009 term, the U.S. Supreme Court decided a case which implicates the constitutional rights of students with regard to searches and may impact the way…
In the March 2008 edition of MB&M Education News, we discussed a Pennsylvania Supreme Court decision which impacted the standard of review for arbitration decisions involving school employees. The case…
Often school officials must determine whether a statement or writing is a threat, and if so, what punishment is appropriate. Commonwealth Court will soon consider the difficult determination of whether…
It is not unusual for School Districts to find themselves at an impasse in contract negotiations. In today’s economic climate, Districts strive to hold the line on the ever escalating…
The Right-to-Know Law which was amended in 2008, permits with certain exceptions, broad access by the public to governmental agency records. When an individual’s request is denied, a requester may…
The dismissal of two recent federal cases filed in the Western District Court of Pennsylvania involving allegations of sexual abuse by school employees underscores the need for appropriate school district…
The Pennsylvania legislature recently adopted a measure which permits employers, including school districts, to expand the health insurance coverage available to employees’ children. Act 4 of 2009, signed into law…