The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid job-protected leave to qualified, eligible employees who, because of a serious health condition, may find themselves unable to perform one or more of their essential job functions temporarily. While infertility is not a considered a “serious health condition” in and of itself, under FMLA regulations, continuing treatment by a … [Read more...] about Infertility and the Law: What You Should Know About the Family Medical Leave Act
Failing to Respond to Bullying in Timely Manner Costly for Both Student and Schools
A recent case out of the Philadelphia Court of Common Pleas demonstrates just how costly the failure to respond to bullying can be. In the case of Juanita J. W. v. School District of Philadelphia, the Court awarded a student who was the victim of bullying that was not properly addressed by the school district $500,000 for the significant injuries sustained by the student, plus attorney’s fees and … [Read more...] about Failing to Respond to Bullying in Timely Manner Costly for Both Student and Schools
Court Defines Concept of Resignation and Constructive Discharge in Termination of School Superintendents
In a recently decided case, Pennsylvania’s top court had the opportunity to make several rulings in the area of law regarding the employment of school Superintendents. The rulings involved the broad concept of constructive discharge, while the narrower ruling examined the definition of a resignation, the applicability of the statutory procedure for removal once the court has determined a … [Read more...] about Court Defines Concept of Resignation and Constructive Discharge in Termination of School Superintendents
As Father’s Day Approaches, Important to Remember Employment Laws Protect Fathers, Too
Father’s Day is a day traditionally devoted to honoring fathers. Over the decades, the role of fathers has changed. Today’s fathers are typically actively involved in the rearing of their children. As such, fathers are often faced with balancing their child rearing obligations with the responsibilities of their job. Both federal and state laws, which bar discrimination based on gender, can help … [Read more...] about As Father’s Day Approaches, Important to Remember Employment Laws Protect Fathers, Too
Third Circuit Court of Appeals Reminds Schools of the Power of the Ten Day Offer in Special Education Disputes, But With a Catch
Recently the Third Circuit Court of Appeals reminded school entities of the value of the Ten Day Offer in special education disputes, but found for the first time that such offers must include an offer of attorney’s fees. Under the IDEA, the Ten Day Offer rule provides that if a school entity makes a settlement offer in writing more than ten days prior to a due process hearing, but the parents … [Read more...] about Third Circuit Court of Appeals Reminds Schools of the Power of the Ten Day Offer in Special Education Disputes, But With a Catch
Department of Education Clarifies Whether Photos or Videos are Records Under FERPA
This past April, the United States Department of Education provided clarification as to when a video or photo constitutes an education record under the Family Educational Rights and Privacy Act (FERPA.) In its informal guidance, the Department noted that photos or videos should be reviewed on the same basis as any other record to determine (1) if it directly related to the student in question and … [Read more...] about Department of Education Clarifies Whether Photos or Videos are Records Under FERPA