On September 29, 2016 the U.S. Supreme Court agreed to hear the case of Endrew F. v. Douglas County School District RE-1. The Tenth Circuit Court of Appeals had ruled in favor of the school district that Endrew F.’s Individualized Educational Plan (IEP) was designed to provide the autistic youngster with a free appropriate public education (FAPE), affirming the decisions of the Hearing Officer and … [Read more...] about Revisiting FAPE, High Court Could Significantly Lower the Standard of Required Educational Benefit
House Bill 380 Halves Waiting Period for Divorce on Basis of Irretrievable Breakdown
Last week, the Pennsylvania Senate approved House Bill 380 (which was passed by the House of Representatives on November 9, 2015). This Bill amends the Pennsylvania Divorce Code and reduces the waiting period by which an individual can secure a no-fault divorce on the basis of irretrievable breakdown. Previously, the waiting period was two years. As a result of the Senate’s adoption, it is now … [Read more...] about House Bill 380 Halves Waiting Period for Divorce on Basis of Irretrievable Breakdown
Banning Disruptive People From Public Meetings: A Delicate Balance
School Board members often must make difficult decisions, and the old adage that one cannot please all of the people all of the time certainly applies in these cases. The patience of Board members can sometimes be exhausted by individuals who disrupt meetings with vehement and inappropriate comments, perhaps even personally directed to Board members. Banging a gavel is often not enough to control … [Read more...] about Banning Disruptive People From Public Meetings: A Delicate Balance
Businesses are One Step Closer to A Six-Month Delay on the DOL’s Overtime Rule
Just yesterday, September 28, 2016, the House of Representatives passed a Bill, by a vote of 246 to 177, to provide for a 6-month delay in the effective date of the Final Rule of the Department of Labor (“DOL”) raising the salary threshold for white collar employees. Although the delay would be applicable to all employers, the Bill was introduced in the House as regulatory relief for small … [Read more...] about Businesses are One Step Closer to A Six-Month Delay on the DOL’s Overtime Rule
Just in Time for Flu Season: The EEOC Files Suit Based on An Employer’s Vaccination Policy
Just in time for the upcoming flu season, on September 23, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) sued St. Vincent Health Center, under Title VII of the Civil Rights Act of 1964 (“Title VII”), for what the EEOC alleged to be discriminatory discharges under a flu vaccine policy. More specifically, the EEOC claimed that St. Vincent Health Center, although providing … [Read more...] about Just in Time for Flu Season: The EEOC Files Suit Based on An Employer’s Vaccination Policy
Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
On September 6, the Third Circuit determined that the parent of a child may bring claims to hold a classroom teacher personally liable for the child’s injuries. This case discussed the “state-created danger” exception to the immunity usually granted to government employees while acting in the course of their official duties. The Facts In January, 2013, a woman came to a kindergarten classroom in … [Read more...] about Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
