2014
House Bill 1816/Act 168 New Requirements for School Employers – Employment History Review of Prospective Employee (“Pass the Trash”) December 2014 House Bill 435/Act 153 Certification of Clearances for Volunteers/School…
Legal Insights
CASPA vs. Prompt Pay Act
Alfred Maiello
Through the efforts of MB&M’s construction law group, the question that has lingered for the past 16 years has finally been answered; whether CASPA or the Prompt Pay Act apply…
ALERT! Supreme Court Rules that Schools Must Bus Students from Divorced Parents’ Two Residences
Christina Lane
On August 28, 2015, Justice Baer issued an opinion upholding the lower court ruling in the Watts case from Lancaster County. However, Justice Baer made it clear the Court was…
What You Really Need to Know about Act 153 Clearances
Alfred Maiello
Act 153, although just becoming effective on December 31, 2014, has had quite an impact on school districts. Prior to and after its effective date, as new information has become…
Sex Offenders’ Internet Aliases Must Be Disclosed
Alfred Maiello
“Megan’s Law” took effect on April 21, 1996 to provide a means of protecting the public, especially school age children, from victimization by sexual offenders. This is accomplished by tracking…
OCR Provides New Guidance on How to Respond to Complaints of Bullying of Disabled Students
Alfred Maiello
On October 21, 2014, the U.S. Department of Education Office for Civil Rights (OCR) released a Dear Colleague Letter concerning the bullying of students with disabilities. This guidance appears to…
May Educators Search Student Cell Phones?
Alfred Maiello
Do students have an expectation of privacy on their cell/smart phones while at school? The short answer is a “qualified” yes. School teachers and administrators, from time to time, may…
What is the Potential Liability for School Districts that Decide to Arm School Staff?
Alfred Maiello
With the exception of duly appointed school police officers, Pennsylvania does not permit school staff to carry firearms in schools and/or on school grounds. However, there are two pending bills…
Act 153 Clearances for Volunteers & School Employees
Christina Lane
Act 153 requires that all adult volunteers, responsible for the welfare of a child or having direct contact with children, provide certifications of required background clearances by July 1, 2015.…
2012
Alfred Maiello
Maiello Brungo & Maiello and School Claims Services to present a Seminar September 10, 2012 Commonwealth Court Vacates Labor Arbitrator Reinstatement of Teacher August 8, 2012 Maiello Brungo & Maiello Appointed…
2011
Alfred Maiello
David Raves to speak at American Bar Association Construction Forum October 2011 MB&M Wins Dismissal of State-Created Danger Suit for Local School District August 2011 Four Maiello Brungo & Maiello…
Student Discipline and Section 504
Alfred Maiello
Discipline of students with disabilities has to be different if the Section 504 prohibitions on disability discrimination are to have any value. If a student’s impairment causes misbehavior, disciplining him…
House Bill 1816/Act 168 New Requirements for School Employers – Employment History Review of Prospective Employee (“Pass the Trash”)
Alfred Maiello
House Bill 1816, now known as Act 168, was signed by the Governor on October 22, 2014 and takes effect in 60 days on December 22, 2014. The law, in…
House Bill 435/Act 153 Certification of Clearances for Volunteers/School Employees
Alfred Maiello
House Bill 435, now known as Act 153, was signed by the Governor on October 22, 2014 and is effective December 31, 2014. In addition to requirements for unpaid school…
PA Supreme Court: Not all written requests to school districts for information are Right-to-Know Law requests!
Alfred Maiello
On Nov. 10, 2014, the Pennsylvania Supreme Court decided Pennsylvania Gaming Control Board v. Office of Open Records, _ A 3d _ (Pa 2014). This Right-to-Know Law (RTKL) case involved…