Published Articles

Employment Law

Labor Law Alert - May 2010

Certified Does Not Equal Qualified:  School Districts Have Discretion in Hiring  (3/4/09)
U.S. Department of Labor Issues Final Rule Amending the FMLA Regulations (2/27/09)
Americans with Disabilities Act Protections Expanded by the ADA Amendments Act of 2008  (12/10/08)
Legal Update (7/30/08)
A Teacher Without the Necessary State Certificate is Not Entitled to Due Process Protection (2/29/08)
The National Defense Authorization Act for Fiscal Year 2008 Amends the FMLA of 1993  (2/14/08)
How to Avoid a Hostile Work Environment  (10/24/07)
Labor Law Alert (8/1/07)
AARP vs EEOC (Revised 2/18/09)
Age Discrimination: An Overview of the Law (Revised 5/6/09)
Employees' Rights to Union Representation at Disciplinary Meetings (Revised 5/6/09)
Alteration and/or Curtailment of Programs: When can we do it? (Revised 2/18/09)
No Punitive Damages in Disability Cases
Employee Overtime Requirements (7/30/03)
Introduction of Cafeteria Plans (7/30/03)
Determining whether an Employee is Exempt from Overtime Pay Under the FLSA (10/20/03)
Reverse Discrimination Under the Age Discrimination in Employment Act (11/7/03)

Special Education

New IDEA Regulation Allows Unilateral Parental Withdrawal of Students from Special Education (5/6/09)
Instruction in the Home vs. Homebound Instruction (5/6/09)
Chapter 14 Changes to Evaluation Timelines, Behavior Plans and FBA's (2/16/09)
Standard of Review in IDEA Appeals (2/4/09)
The Status of the IDEA's Statute of Limitations (2/3/09)
New Chapter 14 Has Changed the Appeal Process in IDEA Cases (1/27/09)
Independent Educational Evaluations - Basics All Districts Need to Know  (Revised 12/9/08)
A New Approach to Calculating Compensatory Education  (Revised 12/9/08)
Are Compensatory Damages Appropriate Under the IDEA?  (Revised 12/9/08)
The Evaluation Permission Process Under PA's New Chapter 14  (10/2/08)
Pa. Supreme Court Upholds Provision of Section 504 Services  (10/24/07)
Independent Evaluations Under Schaffer v. Weast  (10/11/07)
Supreme Court Holds That Parents Do Not Require Representation in Federal Court for IDEA Claims  (7/10/07)
Section 1983 Damages No Longer Available to IDEA Violations  (6/19/07)
Modified Academic Achievement Standards for AYP  (5/22/07)
Causality is Key in Conducting Manifestation Determinations  (5/18/07)
Schaffer v. Weast: Is the Supreme Court's Decision Applicable to DPH Involving Gifted Students?  (2/26/07)
Section 504 Discrimination Claims Extend to Nonacademic Programs & Services  (2/2/07)
Q&A: IEPs for Transfer Students (1/3/07)
Initial Evaluations Under the IDEA - Common Questions & Answers for School Districts (11/17/06)
Changing Students' Placements to a More Restrictive Setting in a Post Gaskins Environment (10/27/06)
Sample Policy: Medical Excusal & Homebound Instruction (9/27/06)
Supreme Court Determines that IDEA Prevailing Party Fees Do NOT Include Expert Costs (9/25/06)
Striking a Blow to LRE & School District Discretion in Choice of Methodology (9/25/06)
Sample Policy: Independent Education Evaluations (9/20/06)
IEP Meetings Under the Final Regulations (9/1/06)
Home-Schooled Children Can Participate in District Extra-Curricular Activities (8/11/06)
Special Education Students Allowed to Participate in Graduation Ceremony (5/12/06)
Parental Refusal to Consent to Initial Special Ed Placement (1/6/06)
Circumstances Warranting Expedited Due Process Hearings Under the IDEA (9/25/06)
Expulsion & the Special Education Student
Fulfilling Child Find Requirements Under the IDEA
Policies -- Conditions for Allowing Tape Recording in an IEP
Guidelines -- Requests for Evaluations for Admission to College Programs or for SSI Benefits
Tape Recording of IEP Conferences
Bus Suspensions and Special Education Students (7/12/02)
Update on PASA Student Assessment Under NCLB (2/21/03)
Age of Majority in Pennsylvania – How are Eligible Students Affected? (6/16/03)
Private School Students' Right to IDEA Services (6/20/03)
The IDEA's disciplinary removal protections do not apply to a student
who is excluded from school because of head lice (Revised 2/5/09)

Pupil Personnel Work

The First Amendment in Schools (7/6/07)
State Created Danger Theory:  School Districts Can be Liable for the Actions of Students (2/26/07)
The Fashion Police Are Permitted in School Districts (11/15/06)
Random Student Drug Tests In Schools, Is it Permissible under PA's Constitution?
Custody Issues -- Guidelines
Alternative Education Programs - ACT 48
Districts May be Liable for Student-on-Student Harassment
Guidelines -- Guidelines for Medical Examinations of Students
Guidelines -- Custody Issues
Understanding the Requirements of Home-Schooling Education Programs (Revised 9/06)

The District is Served with a Complaint - What Now?  (7/27/09)
Pennsylvania Right to Know Law (Act 3 of 2008) (12/23/08)
About Property Taxes  (09/29/08)
The Bible and Kindergartners (7/31/07)
Maintenance of Electronic Data in Wake of Amendments to Federal Rules of Civil Procedure (Revised 5/6/09)
School Districts Must Act "Reasonably" When Seizing or Detaining Students Based on Allegations of Wrongdoing Against The Student (8/4/06)
Mandate Waiver Program
Model Notification of Rights under FERPA
Guidelines -- Parental "Rights" to Classroom Visitation
PDE Must Provide Notice and Hearing Before Withholding Subsidies (5/14/02)
School District Responsibilities to Oversee Charter Schools (12/13/02)
Copyright Infringement Lawsuits Regarding Illegal Online File Sharing (11/26/03)
Statements of Financial Interests Must Disclose Add'l Public Offices (4/7/04)
Formal School Board Approval Required For Legal Settlements To Be Valid (4/26/04)