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Adobe PDFFlorida Supreme 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;
Legal Alert/Article
October 26, 2015, previously published on September 2015
The 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...


HTMLTitle IX, Schools and Transgender Students
Robert D. Haws, Shelby M. Lile, Jennifer N. MacLennan, Susan Plimpton Segal; Gust Rosenfeld P.L.C.;
Legal Alert/Article
October 26, 2015
The 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...


HTMLCrime at Florida Colleges and Universities
Marc Hardesty; Hardesty, Tyde, Green & Ashton, P.A.;
Legal Alert/Article
October 23, 2015, previously published on October 21, 2015
In 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...


HTMLCourt Holds School District Abided by OMA When it Approved Employee's Separation Agreement
Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
October 22, 2015, previously published on Fall 2015
In 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...


Adobe PDFReminder: New Six Week Time Limit To Complete Required Online Mandated Reporter Training
Wendy L. Tucker; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
October 19, 2015, previously published on September 2015
Education 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...


HTMLVideo Surveillance in Schools: Balancing Safety and Privacy
Bethan Dinning; Borden Ladner Gervais LLP;
Legal Alert/Article
October 13, 2015, previously published on September 30, 2015
School 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...


HTMLJob Action Ramps Up for CUPE and ETFO
Eric M. Roher; Borden Ladner Gervais LLP;
Legal Alert/Article
October 13, 2015, previously published on September 30, 2015
On 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,...


HTMLCourt Approves Police Search of Cell Phone Used in Teacher Parking Lot Drug Deals
Kate Dearden; Borden Ladner Gervais LLP;
Legal Alert/Article
October 13, 2015, previously published on September 30, 2015
Of 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.


HTMLOLRB 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;
Legal Alert/Article
October 13, 2015, previously published on September 30, 2015
Since 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...


HTMLEducation Assistant's Human Rights Application Dismissed as No Reasonable Prospect of Success
Stephanie Young; Borden Ladner Gervais LLP;
Legal Alert/Article
October 8, 2015, previously published on September 30, 2015
In 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.”


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