Wi-Fi Hotspots and Liability Concerns
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. …
Legal Insights
“No Damage for Delay” Still Exists In Pa
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
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
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
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…
The Buck Stops Here
Over the years, the Pittsburgh region has been noted for its transformation from a former industrial region to one of the new high tech centers in the country. To aggressively…
Commercial Lease Inducements and Tax Treatment
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
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 Amended School Code as Follows…
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…
PDE Issues New Truancy Guidelines
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…
Additional Areas Impacted by New 2006 Idea Part B Regs
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…
No More Mechanic’s Lien Waivers in Pennsylvania (sort of)
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…
Competitive Bidding in the Electronic Age
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…
Cyberspeech and Student Discipline
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. …
Federal Judge Rejects Challenge to Pennsylvania Homeschooling Statute
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…