Student Free Speech Issues – Update
The fall, 2006 issue of the MB&M Education News addressed student free speech rights for off-campus conduct. In general, students retain freedom of speech unless such speech substantially disrupts the…
Legal Insights
Evaluations of Administrators do not Constitute Adjudications
Alfred Maiello
Questions are sometimes raised concerning the rights of school administrators or other Act 93 employees to enforce their rights under an applicable employment agreement or Act 93 agreement. By way…
Pennsylvania Legislature Considers Fix to Tax Collection Issue
Alfred Maiello
Earlier this year, the Commonwealth Court decided the case Pennsylvania Land Title v. East Stroudsburg Area School District and threw a wrench into the application of the Municipal Claim and…
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…
GASB 45 – It’s Your Turn Now
Alfred Maiello
Public School Districts with annual revenues between $10 million and $100 million dollars must comply with the requirements of GASB 45 in the 2008-2009 fiscal year. With the early onset…
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…
Newsletters 2007
Alfred Maiello
Register to receive Maiello Brungo & Maiello newsletters. Construction Fall 2007 Featured Article Subcontractor Bids – When is a Bid Binding Education Fall 2007 Featured Articles Supreme Court Addresses First…
Arbitrary Denial of Claims subjects DGS to Penalty and Interest and Attorney Fees under the Commonwealth Procurement Code
Alfred Maiello
In a case of first impression, the Commonwealth of Pennsylvania held that the Commonwealth Procurement Code’s penalty, interest and attorney fees provisions applies not only to arbitrary refusal to pay…
Honorable R. Stanton Wettick, Jr. Rules Allegheny County Base Year Assessment System is Unconstitutional
Alfred Maiello
Judge R. Stanton Wettick has entered his Opinion and Order in the case of James C. Clifton, Charles and Lorrie Cranor, husband and wife, and Roy Simmons and Mary Lisa…
Recent Pa. Commonwealth Court Decision Striking Down Allegheny County Tax Assessment Appeals Board Rule Potentially Beneficial to Property Owners In Appeals
Alfred Maiello
On March 27, 2007 the Commonwealth Court of Pennsylvania found that the Allegheny County Board of Property Assessment Appeals and Review lacked the authority to limit assessment appeals to challenges…
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…
Third Circuit Affirms Retirement Incentive Exclusion from Age Discrimination Statute
Alfred Maiello
In a recent decision, a panel of the United States Court of Appeals for the Third Circuit upheld a proposed EEOC rule which exempts certain retirement benefit incentives from application…
Pennsylvania Legislature Seeks to Close School Bus Wiretap Loophole
Alfred Maiello
In the Spring/Summer 2006 issue of School Law News, we wrote on the subject of whether or not to conduct audio surveillance on school buses. As you may recall, a…
House Bill 184
Alfred Maiello
House Bill 184 was introduced on February 1, 2007 and was referred to the Committee on Labor Relations on that date. Representative Solobay is the primary sponsor. Representative Belfanti, the…