Education Labor & Employment Administrative Agency

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How to project gainful employment rates – Part 5

With this fifth and final post, we’re wrapping up our REGucation series on projecting gainful employment rates. We’re also pleased to announce that in the coming days, we’ll be publishing the entire series in a white paper...more

California Public Policy Prohibits Employer Retaliation Based on Mistaken Belief That Employee Engaged in Whistleblowing Activity

In Diego v. Pilgrim United Church of Christ (November 21, 2014) --- Cal. App. 4th ---), the California Fourth District Court of Appeal considered whether California public policy precludes employers from retaliating against...more

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

The Obligation to Make Reports to DCF and Unemployment Compensation: Another Penalty For Failing to Notify DCF

Our state has a comprehensive requirement for certain employees (particularly in the medical and educational spheres) to make reports to the Department of Children and Families (“DCF”) of suspected child abuse and neglect. ...more

California Attorney General Offers Guidance on Scope of Government Code Section 1090

Pair of Recent Opinions Clarifies Conflict-of-Interest Statute - California Attorney General Kamala Harris recently issued two opinions illuminating the scope of Government Code section 1090, the powerful and...more

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported...more

School District Found to Have Engaged in ‘Bait and Switch’ on Teaching Assistant Unemployment Benefits

In Tameka Gladney v. Mississippi Department of Employment Security, the Mississippi Court of Appeals reinstated a teacher assistant’s unemployment benefits finding that the district had been less than fair to her. At the end...more

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an...

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and...more

NLRB Asserts Jurisdiction Over a Charter School in New York

For the first time in New York State, a Regional Director for the National Labor Relations Board (“NLRB”) has asserted NLRB jurisdiction over a New York charter school, and ordered an election for a unit of approximately 35...more

From Second and State: Capitol Wrap – Week of June 9

While budget negotiations continue to take center stage this month, some state legislators elsewhere throughout the Capitol are making moves to change the size of state government and the rules by which elected officials and...more

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against...more

ED Approves Draft Rules for VAWA Amendments to Clery Act

The U.S. Department of Education (ED) is currently in the midst of devising new regulations for colleges to broaden their reporting of campus crimes, as part of last year's reauthorization of the Violence Against Women Act...more

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

Does your County’s Personnel Agenda Comply with the Open Governmental Proceedings Act?

As we begin to hold personnel hearings for “Personnel Season” a question that seems to come up often concerns the listing of individual employee names on county board of education agendas. Many administrators are,...more

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

What Public Administrators Can Learn from the Catholic Scandal

Public administrators need to be aware of good crisis management approaches. Mr. Tom Barth has written an interesting article drawing out lessons for public administrators from the Catholic Church's failures and successes in...more

2013 Legislative Update: Summary Of Changes In School Law

In This Issue: - ADMINISTRATION ..Hazing ..Firearm Concealed Carry Act ..School Safety Drills ..Medical Insurance for Interscholastic Athletes ..Insurance ..Duties of a Principal ...more

Recent PAC Rulings Find University And Park District In Violation Of Open Meetings Act

In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

Deadline Approaches for Gainful Employment Disclosures

Institutions of higher education that receive Title IV funding must properly disclose certain information concerning course offerings that are or may be considered gainful employment programs by the U.S. Department of...more

Refresher on the "Step-up" Process for Service Personnel

A common question our Education Law Practice Group deals with relates to how the “step-up” process works for service personnel. The “step-up” process is found in W. Va. Code 18A-4-15, which in relevant part, states...more

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