While smoking has been unlawful on school campuses in Pennsylvania for several years, it appears that current federal and state laws that apply these bans do not include electronic cigarettes. As a result, school entities should act to address this issue on their own campuses and update their policies as needed. Pennsylvania’s Clean Indoor Act prohibits smoking in a public place and defines … [Read more...] about Students Love Technology, Even When it Comes to Smoking – Why School Entities Should Act to Prohibit Electronic Cigarettes on Campus
School Law Bullet
School District Is Awarded Costs Against a Parent Under the IDEA
In a case of first impression under the IDEA, the District Court for the Eastern District of Pennsylvania rendered a verdict against a parent on behalf of a school district be- cause, the Court found, the parent used an administrative due process hearing for an improper purpose, to needlessly increase the costs of litigation in order to induce the district to pay for tuition for her two sons to … [Read more...] about School District Is Awarded Costs Against a Parent Under the IDEA
No Right to a Jury Under Pennsylvania Whistleblower Law Strongly Affirmed
In a recent ruling, Bensinger v. University of Pittsburgh Medical Center, the Pennsylvania Superior Court provided a clear answer to the question of whether parties are entitled to a jury trial under Pennsylvania’s Whistleblower Law. The Court began its analysis by noting that the Whistleblower Law is ‘chiefly a remedial measure intended to enhance openness in government and compel the … [Read more...] about No Right to a Jury Under Pennsylvania Whistleblower Law Strongly Affirmed
The Good News and the Bad News: The Third Circuit Offers More FMLA Guidance
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
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?
