For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment, even in the absence of the substantial disruption analysis used by Pennsylvania courts to date. In the case of J.R. v. Penns Manor Area School District (W.D.Pa. No. 18-574, Jan. 2, 2019), a federal court may have provided more leeway to school entities … [Read more...] about Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
KingSpry Blog
Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
On January 24, 2019, the Commonwealth Court held that personal information such as birthdates and places of residence for public employees should not be disclosed under the Right To Know Law. This decision, Governor’s Office of Administration v. Campbell, extends the balancing test established by the Pennsylvania Supreme Court in 2017 in Reese v. Pennsylvanians for Union Reform. Request for … [Read more...] about Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
NLRB Bolsters the “Gig Economy” in 2019
The economic atmosphere of an increasingly project based and entrepreneurial workforce largely depends on agency support to loosen the grip of employment law. To that end, 2019 has started off with a bang for businesses leveraging the gig economy. On January 25, 2019, in the SuperShuttle DFW, Inc. case, the National Labor Relations Board (NLRB) announced its return to a traditional common-law … [Read more...] about NLRB Bolsters the “Gig Economy” in 2019
Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
School districts, like other local political bodies, are offered statutory immunity from certain acts of negligence under the Pennsylvania Tort Claims Act. This statute recognizes eight specifically enumerated instances where a person with a claim will still be able to pierce a school district’s protection and bring a viable court suit. One such ground is based upon a school district’s management … [Read more...] about Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA Compliance
At the end of 2018, the U.S. Department of Education announced through informal guidance that it was modifying its investigation process for complaints filed under FERPA and moving to “a risk-based approach” in handling such complaints. The guidance goes on to note that the Department believes that the regulations implementing FERPA do not require a formal investigation in every case and suggests … [Read more...] about Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA Compliance
The Expansion of Pennsylvania Anti-Hazing Laws and its Impact on Secondary Schools and Institutions of Higher Education
Last week, you may have noticed an influx of media reports on incidents of hazing disclosed by colleges and universities throughout Pennsylvania. These disclosures were made pursuant the Timothy J. Piazza Anti-Hazing Law, signed into law by Governor Tom Wolf in October of 2018. The law is an amendment to the Pennsylvania Crimes Code, it replaces existing Anti-Hazing Law found in the Pennsylvania … [Read more...] about The Expansion of Pennsylvania Anti-Hazing Laws and its Impact on Secondary Schools and Institutions of Higher Education
