Public Schools

Michigan Ban on School Employee Union Dues Deductions Legal

by Beverly Hall Burns, M. Misbah Shahid | Miller Canfield on 5/13/2013

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. ....more

Recent 403(b) Developments

by King & Spalding on 5/8/2013

Background - 403(b) retirement plans are similar to 401(k) plans, but the employers who may establish 403(b) plans are limited to public schools, certain tax exempt employers (including religious and charitable...more

Pending California Legislative Proposals to Enhance School Safety - Door Locks, Violence Awareness, and Removing Students from...

by Paul A. Cappitelli, Dina Harris, Lee Ann Meyer | Best Best & Krieger LLP on 5/3/2013

The California Legislature has introduced a variety of bills under the heading of “safe schools.” It is, of course, difficult to predict which bills will be adopted, especially this early in the legislative cycle. However, it...more

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

by Kelly Salt | Best Best & Krieger LLP on 5/1/2013

The Fourth District Court of Appeal recently upheld a challenge to a school district’s spending voter-approved bond proceeds for field lighting at a high school stadium because the ballot proposition did not specifically list...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Jackie Wernz | Franczek Radelet P.C. on 4/24/2013

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Alabama Legislative Update – Week 9: Bills Make Significant Progress in the House

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 4/16/2013

Legislators convened for a three-day work week that ended in early adjournment on Thursday afternoon as lawmakers left Montgomery to beat anticipated severe weather. Day 20 concluded a week that saw progress on several...more

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School...

by Foley & Lardner LLP on 4/12/2013

During its conference this Friday, April 12, the U.S. Supreme Court is expected to consider Elmbrook School District’s petition for a writ of certiorari seeking reversal of a decision issued last summer by the United States...more

Sixth Circuit Stands by School System's Promotion Decisions

by Todd Photopulos | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/11/2013

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

Dodgeball Eliminated From New Hampshire School

by Cynthia A. Augello | Cullen and Dykman LLP on 4/9/2013

Do you recall your childhood days of playing dodgeball during gym class? Leaping to the left and right, diving to the ground, trying to escape elimination while dodgeballs streak past and constantly plotting your next attack....more

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

by Jackie Wernz | Franczek Radelet P.C. on 4/3/2013

As The New York Times recently reported, a Colorado school district is facing a lawsuit after refusing to allow a six-year-old transgender student to use the girls’ bathroom in a local elementary school. The case highlights...more

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

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

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

Teacher On 39-Month Reemployment List Remains A District Employee With The Right To File A Grievance

by Diana Halpenny, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

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 teacher’s...more

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

by Brian P. Crowley | Franczek Radelet P.C. on 3/27/2013

In Hayden v. Greensburg Community School Corporation, the U.S. District Court for the Southern District of Indiana found that a school’s haircut policy for the boys’ basketball team did not constitute gender discrimination,...more

Alabama Legislative Update – Week 7: Medicaid Reform Takes the Stage as the Battle for Education Continues

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 3/26/2013

As the Alabama Legislature marked the halfway point of the 2013 Regular Session, progress continued to move at a slow pace where repercussions of the Alabama Accountability Act continue to linger in the halls of the...more

Update: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling

by Constantine Baranoff, P. Addison Covert, Brett L. Price, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/19/2013

The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all...more

Court of Appeal Upholds Invalidation of Parcel Tax That Differentially Taxes Commercial and Residential Property; Legislature...

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/19/2013

The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all...more

Alabama Legislative Update – Week 6: Legislators Focus on Education, Tort Reform and Health Care

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 3/19/2013

In a week that was dominated by events surrounding the Alabama Accountability Act, several significant pieces of legislation still moved through – or died in – the State House....more

SCA 3 Proposes Constitutional Amendment To Lower Voter Approval Requirement For Parcel Taxes From Two-Thirds To 55 Percent For...

by Constantine Baranoff, P. Addison Covert, Brett L. Price, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/19/2013

SCA 3 seeks to amend the California Constitution relating to taxation by amending Section 4 of Article XIIIA, adding Section 4.5 to Article XIIIA, amending Section 2 of Article XIIIC, and amending Section 3 of Article XIIID,...more

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Michigan Ban on School Employee Union Dues Deductions Legal

Recent 403(b) Developments

Pending California Legislative Proposals to Enhance School Safety - Door Locks, Violence Awareness, and Removing Students from...

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

Alabama Legislative Update – Week 9: Bills Make Significant Progress in the House

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School...

Sixth Circuit Stands by School System's Promotion Decisions

Dodgeball Eliminated From New Hampshire School

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

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

Teacher On 39-Month Reemployment List Remains A District Employee With The Right To File A Grievance

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

Alabama Legislative Update – Week 7: Medicaid Reform Takes the Stage as the Battle for Education Continues

Update: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling

Court of Appeal Upholds Invalidation of Parcel Tax That Differentially Taxes Commercial and Residential Property; Legislature...

Alabama Legislative Update – Week 6: Legislators Focus on Education, Tort Reform and Health Care

SCA 3 Proposes Constitutional Amendment To Lower Voter Approval Requirement For Parcel Taxes From Two-Thirds To 55 Percent For...

SB 559 Proposes to Shift Certificated Layoff Timelines

Breakfast Pastry Turned Gun

Capital Thinking Update - March 11, 2013

Transgender Youth Barred From Girls’ Restroom

Schoolyard Bullies Facing Criminal Charges

Should Public School Money Pay for Religious Education?

Breast Cancer Awareness Bracelets And The First Amendment – Revisited

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