Teachers

News & Analysis as of

Chris Lazarini Provides Insight on Standards Applied to Pro Se Litigants

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case revealing that while less stringent standards are often applied to pro se litigants, courts still should require them to adhere to the procedural rules....more

See You In Court! - December 2016

The last game for the Nutmeg Knights couldn’t come fast enough for veteran Nutmeg Board of Education member Bob Bombast. A defensive tackle on the legendary 1984 team, Bob bleeds Nutmeg persimmon and gold and attends every...more

CAS Legal Mailbag Question of the Week – November, 2016

Dear Legal Mailbag: Last week, we had three teachers “take the knee” during the playing of the National Anthem at a whole-school pep rally. Fortunately, only a few of the students noticed their actions. Originally...more

Pending Restorative Justice Bills Will, If Enacted, Alter Suspension and Expulsion Practices

Restorative Justice programs are increasingly being seen as an alternative to "zero tolerance" school discipline processes. Restorative Justice is an approach to discipline that focuses on repairing harm through inclusive...more

ED’s new rules for teacher preparation programs

On October 12, 2016, the U.S. Department of Education issued its long-awaited final rule regarding teacher preparation programs. After nearly five years and a fair amount of compromise, the final regulation has garnered some...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

Employers' Legislative Update: Governor Brown Signs New Bills

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the...more

The Aftermath Of The CCJEF Ruling: What Is Next For Public Education In Connecticut?

On September 7, 2016, Superior Court Judge Thomas G. Moukawsher issued a lengthy decision in Connecticut Coalition for Justice in Education Funding v. Rell. As its name would suggest, this case involved a challenge to...more

High school machine shop teacher loses work refusal case

A machine shop teacher’s work refusal was not justified, an appeals tribunal has decided, given that the teacher had the ability to manage the class environment to ensure safety. The teacher refused to teach the class if...more

Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a...more

Teacher Retirement Board Issues Revised Guidelines for the Reemployment of Retired Teachers

On June 29, 2016, the Teacher Retirement Board (“TRB”) issued new guidance concerning the reemployment of retired teachers. One of the new and significant guidelines for post-retirement employment concerned the application of...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

Sexual Orientation is Not a Protected Class, According To The Seventh Circuit

On July 28, 2016, the Seventh Circuit U.S. Court of Appeals affirmed a decision from the United States District Court for the Northern District of Indiana, holding that Title VII does not prohibit sexual orientation...more

No Good Deed Goes Unpunished: Past Practice as a Trap for the Unwary

No good deed goes unpunished, or so the old saying goes. And employers who are unaware of the concept of “past practice” soon learn the meaning of this expression. Recently a Connecticut Superior Court decision, which upheld...more

Good News! New 409A Regulations (Yes, Really!) – Part 4: Getting Paid

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line,...more

Education Legislation Summary 2016

2016 SESSION - CONNECTICUT GENERAL ASSEMBLY - In its 2016 regular and special sessions, the General Assembly made a number of changes in the statutes that affect public education in Connecticut. This summary...more

The New Wage And Hour Regulations: Is Your Institution in Compliance?

The long awaited changes to the federal wage and hour regulations were finally released by the Department of Labor (USDOL) on May 18, 2016. The changes, which generally relate to the salary basis amount required for the white...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

North Carolina Legislative Update - July 2016

It is a busy week at the General Assembly as legislators are pushing through the final days of the 2016 short session. The legislature is expected to adjourn for the year either late today, July 5, or tomorrow, July 6. The...more

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

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