How far can public school officials go in regulating student speech?
By: Amanda J. Sundquist How far can public school officials go in regulating student speech? The traditional rule is that officials can quell speech that creates a “substantial disruption” of the educational process. Now, the United States Court of Appeals for the Fifth Circuit appears to have provided school officials in the Fifth Circuit …
School Employers and Teachers Should Be Cautious When Entering into Emergency Contracts
By: Land Use and Zoning Secttion School employers, retired teachers, administrators and other personnel should use caution when entering into emergency contracts for temporary, post-retirement employment. Generally, employers may hire retired teachers, administrators and other personnel under temporary contracts when there is an emergency, or in the event of a shortage of appropriate personnel. However, …
Does your school district have guidelines for Blogs and other internet communications?
By: Amanda J. Sundquist Out of school activities by students and staff that impact the effective running of a school district are a gray area to navigate. Recently, the 9th U.S. Circuit Court of Appeals concluded that a teacher’s personal blog contained “several highly personal and vituperative comments” which justified the school district demoting …
U.S. Supreme Court Clarifies Student Search Rules in Strip Search Case
A United States Supreme Court decision issued on June 25 clarified an issue that may be of interest to school districts. The issue is: what constitutes a reasonable search of a student when a school employee has a reasonable suspicion that the student may have narcotics or other contraband on her person. The Court’s discussion …
Responding to an Enforcement Notice Alleging Violations of a Municipal Zoning Ordinance
If your municipality believes you have violated its zoning ordinances, you may receive what is known as an “enforcement notice.” The enforcement notice is required under the Municipalities Planning Code (MPC), which is the statute that enables municipalities to adopt zoning and land use ordinances. The enforcement notice is required to provide you with specific …
New FMLA Regulations effective January 16, 2009
The Department of Labor’s Wage and Hour Division has published a final rule that will become effective January 16, 2009 which is available at http://www.dol.gov/esa/whd/fmla/finalrule.htm. This rule updates the …
New FERPA Regulations–Effective January 8, 2009
The Department of Education has published a final rule that will become effective January 8, 2009 which is available at http://www.ed.gov/legislation/FedRegister/finrule/2008-4/120908a.pdf. This rule updates the Family Education Rights and …