Legal Insights

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…

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…

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…

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…

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…

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, 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, 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…

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…

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…

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…

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…

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…

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. …