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|School District’s Wrongful Withholding of Retention Results in Penalties and Attorney’s Fees|
Keith Smith; Wood, Smith, Henning & Berman LLP;
April 9, 2015, previously published on January 29, 2015California Court of Appeal, Second District Issues Ruling on School District’s Ability to Withhold Retention From General Contractor, General Contractor’s Compliance With Contractual Notice Provisions for Change Orders, and Whether Proposed Change Orders Can Form the Basis of a...
|Court Rules School District Should Have Done More to Accommodate Teacher Battling Cancer|
William/ E. Weiner; Jackson Lewis P.C.;
March 31, 2015, previously published on February 3, 2015In December 2014, the California Court of Appeal (“Court”) found that Morongo Unified School District’s (“School District”) failure to reassign a disabled teacher to her preferred position raised a triable issue of fact. Swanson v. Morongo Unified School Dist. (Cal....
|Illinois Schools Face Tough Decisions in Combating Cyber-bullying|
Jonathan E. Meer, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 9, 2015Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7 of the School Code, Bullying Prevention, to include specific...
|Law Professors Raise Concerns With Title IX Procedures|
Anne E. Selinger; Jackson Lewis P.C.;
March 31, 2015, previously published on February 24, 2015Do certain Title IX procedures abridge the due process rights of the accused for the sake of Title IX compliance? The University of Pennsylvania Law School has become the second law school in recent months to provoke a public response from law professors arguing the University’s new...
|Congress Has Spoken Mr. President - No Quickies|
Lori Armstrong Halber; Fisher & Phillips LLP;
March 24, 2015, previously published on March 19, 2015In the words of House Education and the Workforce Committee Chairman John Kline (R-MN), “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.” The House voted today to join the Senate and send a...
|Teacher Awarded Damages for Defamatory Statements Made Against Her|
Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015In Jacqueline Catherine May v Rebecca Elizabeth Guzzo1 a teacher was awarded damages for defamatory statements made against her. The statements were made by Ms. Guzzo, the defendant, to the principal at the school where Ms. May was a teacher. Ms. Guzzo alleged that Ms. May was involved in criminal...
|Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant|
Kate Dearden; Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015On December 11, 2014, the Supreme Court of Canada released R. v. Fearon, a decision that addresses when police can search a cell phone in the course of a criminal arrest, without a warrant. Although Fearon does not directly address cell phone searches in schools, it provides significant insight...
|New Employment Standards Act, 2000 Amendments Expand School Boards’ Obligations|
Maria Gergin; Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015In 2014, the Ontario Employment Standards Act, 2000, S.O. 2000 C. 41 (the “ESA”), which applies to most employees of all provincially-regulated employers in the province, including Ontario school boards, received some significant amendments. The most notable changes came in the form of...
|Bullying Can Cost Your School - And Your Students, And Their Parents|
Kathleen McLeod Caminiti, David J. Treibman; Fisher & Phillips LLP;
March 23, 2015, previously published on January 2, 2015School bullying is one of the most pressing social, health, and educational concerns facing public and private schools alike. Long-term bullying, left unaddressed by schools or parents, can cause lasting physical and emotional harm to students. Bullying has been linked both to deadly school...
|New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions Analysis|
Jay Holloway, Emily L. Seidman, Liz Williamson; Sutherland Asbill Brennan LLP;
March 20, 2015, previously published on March 19, 2015In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations into a single source. Ultra Resources individually permitted each of its eight stations that are located at gas fracking wells...