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HTMLSupreme Court of Canada Agrees with Quebec Catholic School Regarding Religious Freedom
Markus F. Kremer, Mark Phillips; Borden Ladner Gervais LLP;
Legal Alert/Article
April 14, 2015, previously published on March 26, 2015
On March 19, 2015, the Supreme Court of Canada released its decision in Loyola High School v. Quebec (Attorney General). The case concerned an application by Loyola High School, a private Catholic school in Quebec (“Loyola”) for an exemption from the requirement to teach an Ethics,...

 

HTMLThe ABCs of Ohio’s Back-to-School Sales Tax Holiday
Steven A. Dimengo; Buckingham, Doolittle & Burroughs, LLC;
Legal Alert/Article
April 10, 2015, previously published on January 5, 2015
Back-to-school shopping just got a little better for Ohio taxpayers due to the recent enactment of Senate Bill 243 which exempts the purchase of clothing and school supplies from Ohio sales / use tax for three days in August 2015. Ohio’s “sales tax holiday” will occur on August 7...

 

HTMLSchool District’s Wrongful Withholding of Retention Results in Penalties and Attorney’s Fees
Keith Smith; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 9, 2015, previously published on January 29, 2015
California 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...

 

HTMLIllinois Schools Face Tough Decisions in Combating Cyber-bullying
Jonathan E. Meer, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Illinois, 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...

 

HTMLLaw Professors Raise Concerns With Title IX Procedures
Anne E. Selinger; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 24, 2015
Do 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...

 

HTMLCourt Rules School District Should Have Done More to Accommodate Teacher Battling Cancer
William/ E. Weiner; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
In 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....

 

HTMLSupreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant
Kate Dearden; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
On 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...

 

HTMLCongress Has Spoken Mr. President - No Quickies
Lori Armstrong Halber; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on March 19, 2015
In 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...

 

HTMLTeacher Awarded Damages for Defamatory Statements Made Against Her
Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
In 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...

 

HTMLNew Employment Standards Act, 2000 Amendments Expand School Boards’ Obligations
Maria Gergin; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
In 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...

 


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