May Educators Search Student Cell Phones?
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…
Legal Insights
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…
Improvements to the Local Option Small Games of Chance Act for School District Raffles
Alfred Maiello
The January 27, 2014 amendments to the Act removed some of the restrictions for school-based booster clubs and organizations to raise funds through raffles. A “Raffle Auction” is defined as…
Are the Performance Standards for the District Superintendent and Assistant Superintendent Posted on the School District Website?
Alfred Maiello
In 2012 an omnibus education bill, known as Act 82, was enacted. That law requires, in part, that new employment contracts for superintendents and assistant superintendents include objective performance standards…
Responsibilities of Schools for Reporting Suspected Child Abuse
Alfred Maiello
Amendments to Child Protective Services Law 23 P.S. §§ 6311, 6313 and 6319 In addition to the recent legislative changes to The Educator Discipline Act, there have been changes to…
IEP Trumps Truancy Dis-enrollment
Alfred Maiello
The United States Court of Appeals for the Third Circuit has called into question the ability of schools to remove a student from its enrollment roster (dis-enroll) if the student…
Workplace Misconduct – Disclosure of Employee Witness Statements
Alfred Maiello
On many occasions, an employer’s investigation of workplace misconduct relies heavily upon observations and testimony of co-employees. During the investigation, an employer will request that the co-employees submit witness statements. …
New Educator Misconduct Reporting Requirements – Know Your Responsibilities
Alfred Maiello
Revisions to the Professional Educator Discipline Act (Act) became effective February 16, 2014. The Act increases an educator’s responsibility to report and expands the instances in which a report to…