Pursuant to the Right-to-Know-Law, the Commonwealth Court finds a municipality’s unexcused failure to send requested documents until after the Office of Open Records’ ordered deadline, or with redactions, may demonstrate bad faith warranting an imposition of a civil penalty up to $1,500. Background of the Case In McFalls v. Municipality of Norristown, Amy McFalls (“McFalls”) requested documents … [Read more...] about Pennsylvania Commonwealth Court Holds Evidence of Bad Faith Through Municipal Actions Sanctionable Under Right-to-Know Law
Will Changes to the 2020 Title IX Regulations Be Postponed?
While educational institutions are holding their collective breath, anticipating the Department of Education (DOE) releasing its promised Notice of Proposed Rulemaking (NPRM) detailing amendments to the existing 2020 Title IX Regulations, the Fourth Circuit Court of Appeals may have thrown a proverbial “wrench” into that release. On February 7, 2022, the Fourth Circuit filed a petition for … [Read more...] about Will Changes to the 2020 Title IX Regulations Be Postponed?
Proposed Tipping Regulation is Approved, Will Also Redefine Who is A Tipped Employee
Last fall, Governor Tom Wolf’s administration proposed a regulation that would require tipped employees to earn at least $135 a month in tips before their employer is permitted to pay the $2.83 per hour tipped rate, rather than state’s minimum wage of $7.25 an hour. At present, Pennsylvania employers can pay tipped employees less than the state minimum wage if they make at least $30 a month in … [Read more...] about Proposed Tipping Regulation is Approved, Will Also Redefine Who is A Tipped Employee
Charter Rule Changes Would Imposes Stricter Standards in Pennsylvania
Last Monday, the Pennsylvania Independent Regulatory Review Commission passed rules proposed by Governor Wolf which would impose stricter regulatory standards upon Pennsylvania Charter Schools. Charter schools educate 170,000 students throughout the state-and that number is growing. There are 179 charter schools, including 14 cyber charter schools, operating in Pennsylvania. One-third of all … [Read more...] about Charter Rule Changes Would Imposes Stricter Standards in Pennsylvania
Do the Title IX Regulations Apply Retroactively?
Hmmmm. Well, the Preamble to the Final Rule says “no;” the 2020 Title IX Regulations are not retroactive for sexual harassment that occurred before the August 14, 2020 effective date of those Regulations. Department of Education (DOE) Q & A documents promulgated on September 4, 2020 and July 20, 2021 confirmed that the 2020 Regulations are not retroactive. But in October 2020, the federal … [Read more...] about Do the Title IX Regulations Apply Retroactively?
Middle District Case Reminds Us Strip Searches Must Be Reserved for Most Serious Circumstances
In a new case out of the Middle District of Pennsylvania, the court reinforced the Supreme Court’s Safford decision for measuring whether a strip search of a student might be justified and reasonably related to the scope of the circumstances. Schools should tread carefully and ensure staff are aware of district policies. In 2009, the Supreme Court in Safford Unified School District No. 1 v. … [Read more...] about Middle District Case Reminds Us Strip Searches Must Be Reserved for Most Serious Circumstances
