Legal Insights

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,…

Act 114 of 2006 provided for the distribution of basic and special education subsidies for schools under the 2006-2007 state budget.  Act 114 also includes amendments to the School Code…

The Commonwealth’s Department of Education recently issued a Basic Education Circular (BEC) on the topic of compulsory attendance and truancy elimination plans.  The new guidance comes at a time when…

The 2006 IDEA Part B regulations, which took effect on October 13, 2006, impact numerous areas of the regulations.  Two of these areas, resolution sessions and IEP meetings, are addressed…

The Pennsylvania legislature has passed a law revising the Mechanics’ Lien Law of 1963 that, as of January 1, 2007, a wavier of a contractor of its lien rights is…

In a step to move the bidding system into the electronic age, Act 88 of 2006, known as the Local Government Unit Electronic Bidding Act, was passed and took effect…

Imagine that you discover that a student in your district maintains a blog, and on that site says things about staff members or other students which are hurtful or offensive. …

Recently, separate lawsuits were filed in federal court by homeschooling parents who argued that the Pennsylvania homeschooling statute, 24 P.S. 13-1327.1 et seq. was an unconstitutional violation of the religious and…

In order to successfully defend a challenge to a disciplinary or expulsion decision, it is fundamental that every student and parent be placed on notice of the conduct which will…

Register to receive Maiello Brungo & Maiello newsletters. Construction Summer 2006 Featured Article No More Mechanic’s Law Waivers in Pennsylvania (Sort Of) Education Fall 2006 Featured Articles Student Code of…

Effective January 21, 2006, the Pennsylvania Supreme Court has put in place rules enabling a residential landlord to attach a tenant’s wages in order to satisfy judgments for delinquent rent.…

Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to persons caused by third party crime.  For example, the…

The Commonwealth Court has sided with the Associated Builders and Contractors, Inc. ruling that the Department of General Service’s policy of soliciting for competitive sealed proposals is illegal under the…

On May 1, 2006, Governor Rendell signed Act 31 which enacted a new Section 1614 of the School Code to permit participation in High School graduation ceremonies by non-graduating disabled…