Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more
1/30/2024
/ Administrative Hearings ,
Confidential Information ,
Criminal Prosecution ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Employee Misconduct ,
First Amendment ,
Misdemeanors ,
Professional Disciplinary Actions ,
Public Schools ,
School Districts ,
Settlement Agreements ,
Strict Scrutiny Standard ,
Teachers ,
Unconstitutional Condition
Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more
11/10/2023
/ Breach of Contract ,
Child Abuse ,
Criminal Prosecution ,
Defamation ,
Due Process ,
Employer Liability Issues ,
Hiring & Firing ,
Internal Investigations ,
Non-Disparagement Provisions ,
Resignation ,
School Districts ,
Special Education
Save Our Saltsburg Schools v. River Valley School District, No. 1140 C.D. 2021 (Pa.Cmwlth. November 7, 2022) (Commonwealth Court rejects community group’s efforts to invalidate school district’s decision to close a school...more
Rebecca Cartee-Haring v. Central Bucks School District, Civil Action No. 20-1995 (E.D. Pa. 8/24/22) (A federal court grants certification of a collective action by female teachers pursuing an Equal Pay Act claim for...more
12/8/2022
/ Class Certification ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Equal Protection ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Public Schools ,
School Districts ,
Sex Discrimination ,
Teachers ,
Unfair Labor Practices ,
Wage and Hour
Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more
9/26/2022
/ Adverse Employment Action ,
Coaches ,
Constitutional Challenges ,
Educational Institutions ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Prayer ,
Public Employees ,
Religious Expression ,
School Districts ,
SCOTUS
Marshall v. Amuso, No. 21-CV-4336 (E.D.Pa. November 17, 2021). (Federal court concludes that school board policy governing public participation at school board meetings was unconstitutionally vague and an infringement on free...more
Oberheim v. Bason, No. 4:21-CV-01566 (M.D.Pa.). (Federal court rejects parents’ request for an injunction to stop school district’s compliance with Pennsylvania Department of Health mask mandate).
Background -
As in...more
On June 30, 2021, Governor Tom Wolf signed into law Act 65 of 2021, amending the Pennsylvania Sunshine Act to establish new public notice requirements applicable to meetings of school districts’ boards of school directors....more
Morgan v. Mifflin County School District, Case No. 1:2–CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of Pennsylvania issued a restraining order enjoining a school district policy...more
Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more
10/10/2019
/ Commercial Driving Licenses ,
Controlled Substances Act ,
Department of Transportation (DOT) ,
Discipline ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Job Applicants ,
Job Offers ,
Medical Marijuana ,
School Districts ,
State Health Departments ,
Students
Watts v. Manheim Central School District, 112 MAP 2014 (Pa. 2015). The Pennsylvania Supreme Court affirmed an earlier ruling of the Commonwealth Court that, when a school district provides transportation, it must transport a...more
Under the Patient Protection and Affordable Care Act (“PPACA”), employers are required to offer healthcare coverage that meets the PPACA’s definitions of “affordable” and “minimum value” to all their full-time employees...more