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Court Denies School District Immunity Under the Cardiac Arrest Survival Act for
Failure to Use or Attempt to Use an Available Automatic Defibrillato|
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
October 26, 2015, previously published on September 2015The Florida Supreme Court recently held that the Lee County School Board was not immune from civil liability under the Cardiac Arrest Survival Act1 when it failed to deploy an available automated external defibrillator (“AED”) to assist a fifteen year old student athlete that collapsed...
|Title IX, Schools and Transgender Students|
Robert D. Haws, Shelby M. Lile, Jennifer N. MacLennan, Susan Plimpton Segal; Gust Rosenfeld P.L.C.;
October 26, 2015The United States District Court for the Eastern District of Virginia recently issued a decision in the emerging area of Title IX requirements with respect to transgender students. The plaintiff, a transgender high school student, filed suit under Title IX and the Equal Protection Clause, alleging...
|Crime at Florida Colleges and Universities|
Marc Hardesty; Hardesty, Tyde, Green & Ashton, P.A.;
October 23, 2015, previously published on October 21, 2015In general, crime on college campuses tends to be lower than the outside world, but it’s still a problem that causes legislators and university administrators to carefully consider what might be done. Since college campuses are perceived to be relatively safe, students can be lulled into a...
|Court Holds School District Abided by OMA When it Approved Employee's Separation Agreement|
Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Fall 2015In a recent decision, the Circuit Court for the Seventh Judicial Circuit for Sangamon County in Springfield, Illinois held in Bd. of Educ. of Springfield Sch. Dist. 186 v. Attorney Gen. of Illinois & Molly Beck, that a school district that voted to approve a superintendent's Separation...
|Reminder: New Six Week Time Limit To Complete Required Online Mandated Reporter Training|
Wendy L. Tucker; Procopio, Cory, Hargreaves & Savitch LLP;
October 19, 2015, previously published on September 2015Education Code section 44691, amended effective January 1, 2015, imposes new requirements on charter schools to provide training for their employees and others acting on their behalf who are mandated reporters. Schools must also develop a process for these employees to provide proof that they have...
|Video Surveillance in Schools: Balancing Safety and Privacy|
Bethan Dinning; Borden Ladner Gervais LLP;
October 13, 2015, previously published on September 30, 2015School boards everywhere are faced with the difficult task of balancing the safety of students, staff, volunteers and community members on school property with respect for privacy and personal information. Recent decisions from Ontario emphasize the need for school boards to develop policies and...
|Job Action Ramps Up for CUPE and ETFO|
Eric M. Roher; Borden Ladner Gervais LLP;
October 13, 2015, previously published on September 30, 2015On September 29, 2015, the Canadian Union of Public Employees (“CUPE”), which represents 55,000 education workers in the provnce, moved into Phase 2 of its Work-to-Rule plan. The Work-to-Rule campaign involves a range of school board employees, such as custodial and maintenance staff,...
|Court Approves Police Search of Cell Phone Used in Teacher Parking Lot Drug Deals|
Kate Dearden; Borden Ladner Gervais LLP;
October 13, 2015, previously published on September 30, 2015Of interest to educators is a case involving teenagers allegedly dealing drugs in the teachers' parking lot of W.P. Wagner School on a summer evening in Nipawin, Saskatchewan. In R v. Jones, 2015 SKPC 29, the accused were arrested following a search of their car and cell phone.
|OLRB Releases First Full Reasons Decision Regarding the Scope of Local/Central Bargaining For CUPE Bargaining Units in the Education Sector|
Maria Gergin; Borden Ladner Gervais LLP;
October 13, 2015, previously published on September 30, 2015Since the enactment of the School Boards Collective Bargaining Act , S.O. 2014 c.5, (the “SBCBA”), which governs the current round of collective bargaining in the education sector, the Ontario Labour Relations Board (“the Board”), has made a number of decisions on whether...
|Education Assistant's Human Rights Application Dismissed as No Reasonable Prospect of Success|
Stephanie Young; Borden Ladner Gervais LLP;
October 8, 2015, previously published on September 30, 2015In a decision dated April 21, 2015, the Human Rights Tribunal of Ontario dismissed an application brought by an Education Assistant against the York Region District School Board on a preliminary basis as the application had “no reasonable prospect of success.”