In the recent case of Lupyan v. Corinthian Colleges, Inc., the Third Circuit laid another trap for the unwary employer. In the ever dense jungle of FMLA law, employers now must be prepared to prove receipt, not just the mailing of FMLA notices. Basic Facts in the Case In Lupyan, a college instructor, Lisa Lupyan, after taking leave from December 4, 2007 through April 1, 2008, was terminated from … [Read more...] about The Good News and the Bad News: The Third Circuit Offers More FMLA Guidance
School Law Bullet
Charter Schools: Different, But The Same
The Office for Civil Rights has issued a “Dear Colleague” letter dated May 14, 2014, that provides information to charter schools of their obligations under certain federal laws and to public school districts of their obligations to ensure the compliance with those federal laws of the charter schools they’ve authorized. In its letter, OCR underscored a charter school’s role as a laboratory for … [Read more...] about Charter Schools: Different, But The Same
We Made the List: What Do We Do Now?
Making “the list” can be a good thing. You may have made “the team;” you may have been named one of the “top ten” best…. But if you are one of the 55 colleges and universities from 27 states named on the May Day 2014 list of the Office for Civil Rights (OCR), you know that making the list is not a good thing. OCR is the federal agency that enforces Title IX, the federal law that prohibits … [Read more...] about We Made the List: What Do We Do Now?
PDE Limits Fundraisers That Don’t Comply With Smart Snack Standards
Many school districts and charter schools rely on fundraising activities for clubs and sports that involve the sale of food and beverages, but that practice may need to be curtailed under new guidance from PDE requiring more creative fundraising or selling of healthier foods. The USDA has issued nutrition standards for all foods that are sold on school grounds during the school day, commonly … [Read more...] about PDE Limits Fundraisers That Don’t Comply With Smart Snack Standards
Testing Special Education
In a major shift, the federal government is now going to evaluate the effectiveness of states’ programs for their special education students based on student success. Under a new framework known as Results-Driven Accountability, the U.S. Department of Education will now take educational results for students with disabilities into consideration when evaluating each state’s compliance with the … [Read more...] about Testing Special Education
Department of Education Invites Comments on Clery Act Changes
In the wake of heightened awareness – and much publicity -- of campus security crises in recent years, the federal government has responded with far-reaching expansion of existing laws. Will these new requirements ensure campus safety? Time will tell. But the clock is ticking as deadlines loom for colleges to show at least a “good faith effort’ that they are doing all they can to revise policies … [Read more...] about Department of Education Invites Comments on Clery Act Changes
