Teachers

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/24/2013

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

by Elizabeth K.P. Grace | Lerners LLP on 4/12/2013

In the last year, there have been two Ontario trial decisions dealing with sexual abuse of students by teachers. While we are still awaiting the full decision in the second case, it appears these cases may have yielded...more

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

by Diana Halpenny, Marie Nakamura, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/29/2013

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

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

Mexico's Education Reform May be a Catalyst for Change

by Sheppard Mullin Richter & Hampton LLP on 3/13/2013

Under the leadership of President Enrique Pena Nieto, Mexico has recently approved a historic constitutional amendment reforming the country’s archaic education system. In order to push this historic reform, which is commonly...more

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

by Kendra Berner | Franczek Radelet P.C. on 3/12/2013

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

Christian School Files Lawsuit Against Former Teachers

by Kelly Scott | Ervin Cohen & Jessup LLP on 3/6/2013

The Little Oaks Private School, a Christian school based in Thousand Oaks, California, recently filed a lawsuit against two of its former teachers after they threatened a lawsuit. The teachers were fired last August when they...more

Teacher’s Comments About The First Lady Land Him In Hot Water

by Cynthia A. Augello | Cullen and Dykman LLP on 2/28/2013

Bob Grisham, an Alabama high school teacher, has been suspended for 10 days without pay as a result of making comments referencing the first lady’s posterior. Grisham’s remarks including referring to the first lady as “fat...more

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

by Jackie Wernz | Franczek Radelet P.C. on 2/20/2013

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

Alabama Legislative Update: Republican Leadership Focuses on Priority Legislation

by Baker, Donelson, Bearman, Caldwell &... on 2/19/2013

The second week of the Alabama Legislature's Regular Session saw Republican leadership maintaining their momentum and passing priority legislation at a furious pace. ...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

by Jackie Wernz | Franczek Radelet P.C. on 2/12/2013

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Massachusetts Expands Background Check Law To Close Loophole

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/30/2013

A new Massachusetts law will require all newly-hired teachers at public and private schools, bus drivers and others working at schools or child care programs with direct unsupervised contact with children, to undergo national...more

Employers Can Discipline Employees For Certain Social Media Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

by Jackie Wernz | Franczek Radelet P.C. on 1/22/2013

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

The "Teachers' Defence": Section 43 in the Modern World

by Brian Vail | Field Law on 1/18/2013

Originally published in Leadership Update, Volume 9 - Number 3. An increasing number of teachers are being criminally charged with assault in Alberta. Sometimes these allegations are exaggerated or maliciously brought...more

Public School Teachers, Free Speech, and Hostile Environment

by Theresa Lynn Sidebotham on 1/14/2013

In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins;...more

Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices

by Candice Pinares-Baez | Fisher & Phillips LLP on 1/8/2013

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year....more

Disabled Substitute Teacher Applicant Raises Some Adequate Claims Against Illinois School District

by Jackie Wernz | Franczek Radelet P.C. on 1/8/2013

A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

by Suzanne Bogdan | Fisher & Phillips LLP on 1/7/2013

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

TechCon 2012 Recap: Should Schools Let Teachers Use Social Media in the Classroom?

by Franczek Radelet P.C. on 11/19/2012

Another hot topic that came up at our TechCon 2012 presentation on social media policies (which I blogged about earlier this month) is whether to allow teachers to use social media in the classroom. ...more

Are Your Students’ Parents “Friending” Teachers?

by Franczek Radelet P.C. on 10/16/2012

A recent @IlPrincipals tweet identified an interesting USA Today article: “Should parents ‘friend’ their child’s teacher?” At this time of year when social media policies, procedures and guidelines are being reviewed across...more

Teacher Placed On Leave After Experiment Injures Two Students

by Demas Law Group on 9/14/2012

September 12, 2012—Elk Grove, CA—A teacher was placed on administrative leave after a science experiment went horribly wrong, injuring two eighth-grade students at Joseph Kerr Middle School. The chemical accident fortunately...more

Teacher’s Retaliation Suit Against School District For Exercising Right of Free Speech Involved a Matter of Public Concern

by Franczek Radelet P.C. on 9/13/2012

In Gschwind v. Heiden, the Seventh Circuit Court of Appeals found that the dismissal of a teacher’s suit against a school district for retaliation for exercising free speech rights involved a matter of public concern and,...more

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