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Report Link Education Labor Letter: When Can (and Should) a School Require a Student to Undergo a Medical Evaluation?Fisher & Phillips, LLP - March 12, 2008 A ninth grade student is sitting in your office because he said "wouldn't it be nice if you died tomorrow" to another student. And you learned that days prior to the comment, the same student had punched the student to whom he made the comment. Your first inclination is to require the student to submit to a psychiatric evaluation. But should you do so? Teachers and school administration frequently take a holistic view of dealing with students. Such an approach at times may be inconsistent with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act (for schools receiving federal funding). Report Link Public School Newsletter (February 2008) (pdf).Littler Mendelson, P.C. - March 12, 2008 Topics covered in this issue include the following: District ordered to comply with Personnel Commission's decision to reinstate employee to former position; presumption of arbitrability applies in cases involving retired employees; court distinguishes meaning between Free Appropriate Public Education under IDEA and Section 504 of the Rehabilitation Act. One new Public Employment Relations Board decision is discussed, as well as legislative issues regarding the Governor declaring a Fiscal Emergency. In the news, the public reacts to the declaration of the Fiscal Emergency and a study finds that many students believe cheating is acceptable conduct. Report Link Education Labor Letter: Learning Disabled – But Compared To Whom?Fisher & Phillips, LLP - January 07, 2008 Is a failing medical student "disabled" under the Americans with Disabilities Act (ADA) merely because she is no longer a scholastic success at the graduate school level? The U.S. Court of Appeals for the District of Columbia Circuit recently answered "no." Report Link Education Labor Letter: Private Entity Found Not Liable Under IDEA.Fisher & Phillips, LLP - January 04, 2008 The U.S. Courts of Appeals for the 2nd and 6th Circuits, have each held that a private school is not liable under the federal Individuals with Disabilities Education Act (IDEA) to handicapped students or their parents who allege that they are not receiving an appropriate specialized education program. But, what about a private entity that actually contracts with the state to provide an "individualized education program" and provides the education program in the public classroom building? Report Link Education Labor Letter: Service Animals-in-Training: Must You Allow Non-Disabled Employees To Train Service Animals on Your Campus?Fisher & Phillips, LLP - January 04, 2008 Your school librarian tells you that next month, she will begin bringing to school a service dog that she is currently training and tells you that the dog is a great, unbiased listener for slower reading children. Before you automatically reject this fairly unique concept, read on. Report Link Supreme Court’s "IDEA" Boon To Private Schools.Fisher & Phillips, LLP - November 08, 2007 The U.S. Supreme Court recently resolved the issue of whether the Individuals with Disabilities Education Improvement Act (IDEA) provides for private school tuition reimbursement for students that have not received special education from a public agency. On October 10, 2007, the Court, in a four-four split, ruled in favor of respondent Tom F. and held that the IDEA does provide for private school tuition reimbursement for students who have not attempted a public school education. Report Link Combating School Violence.Fisher & Phillips, LLP - November 08, 2007 From Columbine to Virginia Tech to the "Jena 6," media coverage of violence in our schools spotlights what appears to be a growing problem. With another recent school shooting again making headlines, we may not realize that serious violent crimes – rape, sexual assault, robbery and aggravated assault – occurring in our schools are actually on the decline. Report Link Tenth Circuit Finds that the University of Colorado Boulder's Failure to Prevent Alleged Sexual Assaults May Be the Result of Deliberate Indifference.Littler Mendelson, P.C. - October 09, 2007 In a decision that could have a far-reaching impact on universities and colleges, the Tenth Circuit Court of Appeals, in Lisa Simpson; Anne Gilmore v. University of Colorado Boulder, Nos. 06-1184 and 07-1182 (Sept. 6, 2007), found that the evidence presented was sufficient to support the findings that: (1) Colorado University ("CU" or "University") had an official policy of showing high school football recruits a "good time" on their visits to the CU campus; (2) the alleged sexual assaults were caused by CU's failure to provide adequate supervision and guidance to player-hosts chosen to show the football recruits a "good time;" and (3) the likelihood of such misconduct was so obvious that CU's failure was the result of deliberate indifference. Report Link New IRS Rule Won't Affect Teacher Salaries In Upcoming School Year.Fisher & Phillips, LLP - September 06, 2007 On August 7 the Internal Revenue Service reassured teachers and other school employees that new deferred-compensation rules under Section 409A (discussed in the July/August 2007 issue of the Fisher & Phillips' Education Labor Letter entitled "Are Teachers' Salaries Deferred Compensation?") will not affect the way their pay is taxed during the upcoming school year. Report Link Court Grants Teachers with Provisional Credentials Right to Layoff Hearing, Ruling that Classification of Teachers Based Solely on Type of Credential Is Improper.Littler Mendelson, P.C. - February 07, 2007 This ASAP reports on an important decision issued by the California Court of Appeal regarding teachers serving under provisional credentials. The December 19, 2006, decision issued by California's Fifth District Court of Appeal, in Bakersfield Elementary Teachers Association v. Bakersfield City School District, has wide-ranging implications regarding employment of certificated employees in school districts and county offices of education throughout California. The decision affects not only how certificated employees are classified as temporary, probationary, or permanent, but also addresses the rights that must be extended to such employees. Report Link Public School Newsletter: February 2007 (pdf).Littler Mendelson, P.C. - February 06, 2007 Topics covered in this issue include the following: Public employees may refuse to answer questions during investigation that may lead to criminal prosecution, unless provided immunity. A California Court of Appeal has issued a new opinion in a case regarding charter schools as public entities. The United States Supreme Court has granted consolidated review in two labor union cases. Two new Public Employment Relations Board decisions are discussed, as well as legislative issues surrounding Proposition 98, AB 16 and Trans Fat related bills. And in the news, a school denied a deaf student's request to bring his service dog to school, and a Title IX filing in New York State determined that female cheerleaders must cheer for boys as well as girls.
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ArticlesFound: 11 ArticlesNO SUBTOPICSEmployment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler |
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