Teachers

News & Analysis as of

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the...more

See You In Court - June 2016

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues,...more

Legislative Update

Senate Passes Budget Bill (HB1030) - The State Senate passed its version of the 2016-17 spending plan this week, setting the stage for a conference committee to work out the differences between the two chambers’...more

NC Legislative Update - June 2016

This Week - While the Senate was predominantly focused on the budget this week, the House moved forward with a number of high-profile issues. By a vote of 60-49, the House approved House Bill 1080, sponsored by Rep....more

CAS Legal Mailbag Question of the Week – June 2016

Dear Legal Mailbag: Last year, I was a first-year principal at my elementary school and, as I got my sea legs, I let various things slide. However, this year I have a much better idea about the way my school should run....more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

A Minnesota Court Rules Pre-Kindergarten Instructors Should Be Excluded From A Teacher Collective Bargaining Unit

For many Michigan school districts, pre-kindergarten instructors are usually included in a teacher/professional collective bargaining unit. The state of Minnesota has adopted a contrary viewpoint. The Minnesota Court of...more

California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

Legislative Update

House Passes Budget: This week was budget week at the General Assembly with the House passing a $22.22 billion budget by week’s end. The budget drew more bipartisan support than any other budget since the Republicans...more

School Districts: Here We Go Again…(Most) Recent Changes To APPR Regulations (5/16)

On May 16, 2016, Board of Regents yet again issued revised emergency regulations related to teacher and principal annual professional performance reviews (APPR). These new regulations go into effect on June 14, 2016....more

The New FLSA Exemption Rules and Higher Education

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education...more

CAS Legal Mailbag Question of the Week - April 2016 #3

Dear Legal Mailbag: I know it may seem like a silly question, but do teachers ALWAYS have a right to a union representative at a meeting with an administrator? Recently, I invited my art teachers in for a meeting to...more

Minnesota Weekly Legislative Update

Thursday, April 21 was the third bill deadline at the Legislature, by which date committees must act favorably upon all major appropriation and finance bills. During the week, committees in both the House and Senate met...more

Intellectual Property Risks With School And Teacher Websites

Teachers and school districts continue to find new ways to use technology both in and out of the classroom. For example, it is becoming more and more common for teachers to launch their own classroom websites. ...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Supreme Court Ties Underscore Justice Scalia’s Missing Influence

After the passing of Justice Antonin Scalia, we predicted: “Justice Scalia’s passing will immediately impact several employment-related cases pending before the Court.” Specifically, cases in which Scalia was expected to...more

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

Split Supreme Court Upholds Union Agency Fees...for Now

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a...more

Supreme Court Tie Leaves Public Sector Agency Shops In Place...For Now

On March 29, 2016, in Friedrichs v. California Teachers Association, the Supreme Court issued a one-sentence decision affirming, by a 4-4 vote, the Ninth Circuit Court of Appeals' decision in a case challenging the...more

Public Sector Unions Dodge a Bullet on Non-Member Fees

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

Viral Marketers Beware – In Alabama, Sales Tax Nexus Created for Out-of-State Bookseller Even Though In-State Teachers Not Acting...

After a quarter of a century, the school book nexus cases continue to proliferate, delight and mystify. The latest installment in the saga is from Alabama. Scholastic Book Clubs, Inc. 2931 v. State Of Alabama Department Of...more

Supreme Court Tie Means That Public Sector Agency Shop Fees Are Still Lawful

On March 29, 2016, the Supreme Court issued a one sentence opinion in the highly publicized case of Friedrichs v. California Teachers Association, stating “[t]he judgment is affirmed by an equally divided Court.” This outcome...more

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