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|Pendency (A.K.A. “Stay Put”): An Important Right of Special Education Students|
Lynn M. Brown; Meyer, Suozzi, English & Klein, P.C.;
October 10, 2014, previously published on October 3, 2014One of a special educaon student’s most important rights is that of pendency (a.k.a. “stay put”), which permits a student to stay in his last agreed- upon placement and/or continue to receive the last agreed-upon services while any challenge to a proposed Individualized Educaon...
|What Employees Who Can Take ‘Confidential’ Reports of Title IX Campus Sexual Violence Need to Know|
Katie Jo Baumgardner, Anne D. Cartwright; Husch Blackwell LLP;
October 7, 2014, previously published on September 26, 2014A limited group of college and university employees may keep reports of sexual violence confidential despite their schools’ Title IX obligations. Colleges and universities must ensure these “confidential employees” are aware of their Title IX obligations and the bounds of...
|Philadelphia School Income Tax Imposed On Undistributed S Corporation Income|
David M. Kuchinos; Blank Rome LLP;
September 29, 2014, previously published on September 2014Action Item: The City of Philadelphia is imposing its School Income Tax on City residents’ Subchapter S Corporation income, whether or not distributed. This is a departure from prior enforcement of this tax. City residents who are shareholders in Subchapter S corporations should consider...
|Province Of Ontario And Teachers’ Unions Appear Set For A Tense Showdown|
Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014The collective agreements for all teachers in the Province of Ontario expired on August 31, 2014. Teachers’ unions have given notice to bargain. The Ontario Secondary School Teachers’ Federation (“OSSTF”) has engaged in preliminary negotiations with the Ontario Public School...
|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 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 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...
|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...
|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...
|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...