News & Analysis as of

Hiring & Firing Teachers

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Mitratech Holdings, Inc

Your Complete Guide to Educator Background Checks (Teachers, Support Staff, and More!)

Schools are under an intense microscope from parents, taxpayers, and the government. One slight mistake in hiring – even if that person doesn’t teach children – can have a catastrophic impact. Educator background checks are...more

Franczek P.C.

2023 Legislative Update: Summary of Changes in School Law

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As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

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Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

Franczek P.C.

Teacher Tenure, Dismissal and Evaluation Legislative Updates

Franczek P.C. on

This school year has begun with a number of changes related to teacher tenure, evaluations, and dismissals. On August 4, 2023, Governor Pritzker signed into law Public Act 103-0500, revising the Illinois School Code...more

Fisher Phillips

New Jersey Supreme Court Sides with Catholic School That Fired Unwed Pregnant Worker: 6 Key Takeaways for Religious Schools

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Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more

Pullman & Comley - School Law

To Non-Renew or Not Non-Renew -- Key Considerations for Connecticut School Districts Facing Budget Shortfalls

Every year as May 1 approaches, Connecticut school districts are confronted with an unpleasant, albeit familiar, process.  For better or worse, teacher non-renewal is a fact of life under the Teacher Tenure Act and the...more

FordHarrison

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

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Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...more

Fisher Phillips

Are Your Teacher Contracts Up to Date? 4 Key Provisions to Consider

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With hiring for next school year underway, now is the perfect time to review your employment contracts. While there is no one-size-fits-all approach, you should make sure that your contracts work for, and not against, your...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: January 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Florida Increases School Obligations Under the New Educator Conduct Act

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After unanimous approval by both Florida’s Senate and House, Governor Ron DeSantis signed the Educator Conduct Act on June 21, amending several sections of the state’s K-20 Education Code and imposing new statutory...more

Burr & Forman

School District Update Podcast: Hiring H-1B Teachers in 2021-2022

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With the 2021-2022 school year around the corner, Melissa Azallion Kenny has put together a podcast for public school districts interested in using the H-1B visa strategy for teacher shortage occupations. Melissa addresses...more

Fisher Phillips

Education Institutions’ Silver Linings Playbook For Emerging From the Pandemic

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Our firm just published a “Silver Linings Playbook” gleaned from our various practice groups and industry teams highlighting the various ways that businesses can emerge for the better after the pandemic. While educational...more

Franczek P.C.

Sexual Harassment Amounts to Immoral Conduct Warranting Dismissal of Tenured Teacher

Franczek P.C. on

In a recent Illinois case, the Second District Appellate Court affirmed a school board’s termination of a tenured teacher who sexually harassed students on the girls’ track team he coached. The students alleged that the...more

Franczek P.C.

Teacher Dismissal Upheld for Conduct Not Directly Related to Previous Notice to Remedy

Franczek P.C. on

For school personnel administrators, it is a frustrating but typical experience to have a teachers’ union representative object to warnings and directives on the grounds that the warning is too broad, or not directly on point...more

Franczek P.C.

Illinois Community Colleges Cannot Replace Laid Off Tenured Faculty with Adjuncts

Franczek P.C. on

On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members  with adjunct faculty. The case addressed...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

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A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

Tonkon Torp LLP

Learning Pods As A Pandemic-Era Education Choice – Where To Start

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It's a sad fact that many parents with school-aged children are living in a state of anxiety, whether they are preparing for a fall of remote learning or bracing themselves to send their children back to in-person school. A...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

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On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

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