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|Acceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology|
Kelly J. Morris; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...
|Ontario Divisional Court Rules on Whether Liturgies and Religious Retreats Fall Within the Scope of the Exemption Under The Education Act|
Heather Pessione, Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014On April 4, 2014, the Ontario Divisional Court ruled in Erazo et al. v. Dufferin-Peel Catholic District School Board that, pursuant to the Education Act, certain students of Catholic public schools are entitled to an exemption, upon request, from some religious activities, such as mass and...
|Ontario Human Rights Tribunal Rules Atheism Is Included In The Meaning Of “Creed”|
Stephanie Young; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014In R.C. v. District School Board of Niagara, 2013 HRTO 1382, the Ontario Human Rights Tribunal (the “HRTO”) was asked to determine if a policy of the District School Board of Niagara (the “Board”) discriminated against R.C. and S.C., the Applicants, on the basis of creed....
|Ontario’s Information and Privacy Commissioner (IPC) Rules That There Is No Right of Access To Certain Records of School Board Trustees|
Priscilla Platt; Borden Ladner Gervais LLP;
September 17, 2014, previously published on September 5, 2014In Order MO-3031, regarding the York Region District School Board, (the “School Board”) the IPC ruled that certain records of School Board trustees were not in the custody or under the control of the School Board and therefore were not governed by access to information provisions of...
|Ontario Government Has Reintroduced the Broader Public Sector Executive Compensation Act, 2014|
Meghan Lindo; Borden Ladner Gervais LLP;
September 17, 2014, previously published on September 5, 2014On March 24, 2014, the Ontario government introduced Bill 179 which, if passed, would give the government the authority to establish new “compensation frameworks” for certain senior public sector executives and implement new accountability and transparency measures for the broader...
|Trustee Election Contributions and Disqualifying Conflicts of Interest|
Michelle T. Maniago; Borden Ladner Gervais LLP;
September 17, 2014, previously published on September 5, 2014In British Columbia and across the country, school trustees will face election in the fall. In the run-up to the election, it is important to bear in mind that election campaign contributions have been the basis for claims of disqualifying conflicts of interest. While the case law indicates that a...
|Coroner’s Jury Recommendations Into Death of Jeffrey Baldwin|
Maria Gergin; Borden Ladner Gervais LLP;
September 17, 2014, previously published on September 2014In February 14, 2014, a Coroner’s Jury looking into the death of Jeffrey Baldwin, a five-year-old Toronto boy who starved to death in 2002 while in the care of his grandparents, released 103 recommendations. A number of the recommendations made by the jury pertain to ways in which Ontario...
|California Sets the Curve with New Regulations on Collection and Use of Student Data|
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 12, 2014, previously published on September 5, 2014When one thinks of the use of technology in school, often the first image that comes to mind is of students sending ill-advised Snapchats and making in-app purchases that line the pockets of the Kardashian family, rather than paying attention in geometry. As a tool for teachers, however, online...
|School District Gets a Tenure Surprise for Teacher Returning After Maternity Leave|
Robert A. Muccilli; Capehart & Scatchard, P.A.;
September 10, 2014, previously published on August 27, 2014Just when you think you have teacher tenure acquisition figured out, someone throws a curve ball - in this instance, the Superior Court of New Jersey in Kolodziej v. Board of Education of Southern Regional High School District. The Appellate Division, held that a teacher had acquired tenure despite...
|Work Authorization Process Eased for Master's Graduates|
Fragomen Del Rey Bernsen Loewy LLP;
September 5, 2014, previously published on September 3, 2014Foreign nationals who have completed a French Master’s degree program have until the last day of their student permit to apply for a work permit, known as Interim Authorization to Stay (APS). Prior to this change, students had to apply for their APS at least four months before the expiration...