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Year
Advisory Articles
2019
Fall 2019


Special Education Year in Review: New Cases Affecting the First Circuit
By: Isabel B. Ekman
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Millions of Dollars in ACA Penalties Imposed on Schools
By: Christopher G. Stevenson
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Summer 2019




2019 Legislative Roundup: New Laws on School Finance and Organization
By: Agnieszka A. Dixon
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Supreme Court Signals Death Knell of Hallmark Standard in School Religion Cases
By: Connor P. Schratz
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Maine Public School Training/Notice Requirement and Recommendations
By: School Law Group
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Managing School-Run Social Media in Contentious Times
By: Elek A. Miller, Connor P. Schratz
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Tread Carefully When Addressing Employee Speech: A Reminder from the Tenth Circuit
By: Kathleen E. Landis
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Understanding Tax Exempt Lease Purchasing: “What’s Really Going on Here?"
By: E. William Stockmeyer
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Winter 2019

Court Rules for School's Defense of Student Rights Against Parental Onslaught
By: Eric R. Herlan
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Reasonable Accommodation Reminder: Use the Interactive Process
By: Laurel A.V. McClead
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Legislature Considers Ban on E-Cigarette Possession at School
By: Connor P. Schratz
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Court Rules for School on Non-Attending Student; Good News or Cautionary Tale
By: Eric R. Herlan
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Proposed Seismic Shift in Title IX Responsibilities for K-12 Nationwide
By: Penelope Wheeler-Abbott, Allen L. Kropp
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Fall 2018

New Law Requires Reports of Educator Investigations
By: Peter C. Felmly, Kimberly A. Pacelli
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The Janus Decision: the End of Agency and Fair Share Fees
By: Michael L. Buescher, Mark T. Broth
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Throwback: When one parent asks for school records and the other parent objects
By: Donald A. Kopp
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Summer 2018

Maine Labor Board Finds That Common Proposals Are Non-Negotiable Educational Policy
By: Tom Trenholm, Connor P. Schratz
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Managing the Public's Use of School Unit Social Media
By: Elek A. Miller, Demetrio F. Aspiras, III
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Ninth Circuit Finds Prayer at School Board Meetings Unconstitutional
By: Kathleen E. Landis
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You Don’t Always Get What You Pay For: Lessons in Value from Recent Special Ed Hearing Officer Decisions
By: Hannah E. King
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Making the Grade in the Era of Proficiency: Report Cards, Transcripts, and Students with Disabilities
By: Penelope Wheeler-Abbott, Eric R. Herlan
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New Child Sexual Abuse Policy Requirements for Public Pre-Schools and Elementary Schools
By: Ann S. Chapman, Kim A. Pacelli
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School Budgets and Fund Balances: Changing Laws and New Developments
By: E. William Stockmeyer
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School Reorganization, Anyone? Regionalization Redux
By: Agnieszka (Pinette) Dixon, Richard A. Spencer
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Recent Cases Provide Clear Instructions for Responding to Sexual Harassment Complaints
By: Laurel A.V. McClead
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Working with Law Enforcement While Protecting Student and Staff Rights
By: Michael L. Buescher
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DOE Issues Landmark Findings Letter Related to FERPA and Online Educational Services
By: Elek A. Miller
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Federal District Court Weighs In on Taking a Knee During National Anthem
By: Kathleen E. Landis
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2017
Fall 2017


“I’m Talkin’ Here!” Dealing with Racist, Offensive, or Obscene Employee Speech
By: Connor P. Schratz, Daniel J. Rose
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Title IX and Sexual Harassment: Recent Updates from the Office for Civil Rights
By: Allen L. Kropp, Kimberly A. Pacelli
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Is This Seat Taken? Vacant Positions and Reasonable Accommodations
By: Laurel A. V. McClead
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Taking a Knee: Dealing with the Latest Form of Student Protest
By: Kathleen E. Landis, Elek A. Miller
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Restricting Public Comment at Board Meetings: Eleventh Circuit Weighs In
By: Michael L. Buescher
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Maine Public School Training/Notice Requirements and Recommendations October 2017
By: DWM School Law Team
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Family and Medical Leave Act (FMLA) Tips for School Employers
By: Laurel A.V. McClead
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Schools Should Plan Carefully For Job Interviews and Inquiries About Personnel Matters Require Caution
By: Daniel J. Rose, Hugh G.E. MacMahon
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5 Things Every Superintendent Should Know About Real Estate
By: Lisa R. Magnacca, Greg Im
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Reporting Suspected Abuse and Neglect: Do Not Delay, Immediately Means Today
By: Michael L. Buescher
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Sexual Stereotyping: A Sometimes Overlooked Form of Sexual Discrimination
By: Melissa A. Hewey
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Arbitration Panel: Teacher Effectiveness Should Play Meaningful Role in Layoff
By: Peter C. Felmly
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The Federal Uniform Grant Guidance: There’s a New Procurement Sheriff in Town
By: Agnieszka A. (Pinette) Dixon, E. William Stockmeyer
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Gone Phishing: Schools Increasingly Targets of Email Scams and Cyberattacks
By: Elek A. Miller
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When One Parent Asks for School Records and the Other Parent Objects
By: Donald A. Kopp
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Cash Flow Loans: How Much Will the IRS Permit a School District to Borrow?
By: Rodney A. Lake
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Deadlines Near for State-Subsidized School Construction Project Applications
By: Greg Im
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Fall 2016



Looking a Gift Horse in the Mouth: Avoiding Surprises When Accepting Gifts and Grants
By: Aga A. Pinette
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Supreme Court to Hear Two Important Special Education Cases
By: Isabel B. Ekman, Hannah E. King
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Summer 2016

The Outer Limits: The Latest on Due Process and Student Suspension
By: Bruce W. Smith
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I Agreed to What?! When Special Education Written Notices Become Binding
By: Isabel B. Ekman
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Race for the White House Calls for a Refresher on Employee Political Speech
By: Jeana M. McCormick
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Insert: Maine Public School Training/Notice Requirements and Recommendations
By: Drummond Woodsum
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First Circuit Blows the Whistle on the "Job Duties Exception" in Whistleblower Retaliation Case
By: Peter C. Felmly
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Third Time's a Charm? Another PEPG Implementation Deadline Change and Other Updates
By: Penelope Wheeler-
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Recent Amendments to the McKinney-Vento Homeless Assistance Act
By: Gerald M. Zelin, Hannah King
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Who Walks the Dog? Legal Update on Service Animals in Schools
By: Jeanne M. Kincaid
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Winter 2016

Not So Fast! State Board of Education Pumps Breaks on Student Transfers
By: Greg Im
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School Budgets, Soldier Bounties, and Amending "Open" vs. "Closed" Warrant Articles
By: E. William Stockmeyer
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IRS Issues Guidance on Cash in Lieu of Health Insurance and the ACA
By: Christopher G. Stevenson
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Fall 2015

Office for Civil Rights Takes Enforcement Action on Transgender Student Locker Room Access
By: David M. Kallin
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Residency Requirements Can Give Communities an Equal Voice in School Policy Matters
By: Agnieszka Pinette
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Recent State Employment Law Changes Impact Maine Schools
By: Laurel M. McClead, Ann S. Chapman, Elek A. Miller
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Big Changes in Health Insurance for Schools that are "Small Employers"
By: Christopher G. Stevenson
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Hearing Officer Rejects Parent’s Attempt to Revoke Consent for Portions of IEP
By: Penelope Wheeler-Abbott
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Recent EEOC Decision Extends Title VII Protections to Sexual Orientation
By: Laurel A. McClead
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Maine Supreme Court Issues Decision in Important Educational Policy Case
By: Bruce W. Smith
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Maine Legislature Approves Changes to Maine's Freedom of Access Act
By: Peter C. Felmly
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Independent Eduational Evaluations: Overview of the Law and Recent Developments
By: Hannah E. King
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Federal Court in Oregon Weighs in on Student Discipline and Off-Campus Online Threats
By: Isabel B. Ekman
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Spring 2015


What Bear Baiting Can Teach School Officials about Using Public Funds for Advocacy
By: Agnieszka Pinette
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Educator Effectiveness Requirements Updated in Order to Renew ESEA Waiver
By: Penelope Wheeler-Abbott
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Second Job for the Same Employer Results in Overtime Liability
By: Mark T. Broth & Anna B. Cole
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Federal Court and U.S. Department of Justice Take on School Policies Dealing with Service Animals
By: Hannah E. King
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Fourth Circuit Issues Important Decision for Schools in Peer Sexual Harassment Case
By: Elek Miller
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Law Court Issues Critical Ruling Construing Maine's Freedom of Access
By: Peter C. Felmly
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Are Your Background Checks Compliant with the Fair Credit Reporting Act?
By: Laurel A.V. McLead
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Courts Address ADA Reasonable Accommodations and the Interactive Process
By: Daniel J. Rose
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Lions, and Tigers, and Bears - Oh, MY! Service Animals In Schools
By: Hannah E. King & Jeanne M. Kincaid
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Rapper's Delight: Fifth Circuit Finds School Violated Student's First Amendment Rights
By: Amy K. Olfene
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2014
Fall 2014

Will your school district's health plan trigger a "Cadillac" tax?
By: Christopher G. Stevenson
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Will Your School District’s Health Plan Trigger a “Cadillac” Tax? Many school districts...
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EEOC issues guidance adopting stance that employers must offer reasonable accommodation to pregnant workers
By: Peter C. Felmly
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 EEOC Issues Guidance Adopting Stance that Employers Must Offer Reasonable Accommodations to Pr...
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Hearing officer addresses Maine DOE duties under the IDEA
By: Hannah E. King
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Hearing Officer Addresses Maine DOE Duties under the IDEA The Individuals with Disabilities...
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The educator effectiveness law and collective bargaining: Despite what you might hear, most of it is still non-negotiable
By: S. Campbell Badger
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 The Educator Effectiveness Law and Collective Bargaining: Despite What You Might Hear, Most Of I...
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Online streaming and on-demand school sports: Great upside, but not without risks
By: Elek A. Miller
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Online Streaming and On-Demand School Sports: Great Upside, But Not Without Risks High sc...
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Title IX and sexual harassment: Recent guidance from the Office for Civil Rights
By: Jeana M. McCormick
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 Title IX and Sexual Harassment: Recent Guidance from the Office for Civil Rights As disc...
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The blending of IDEA and ADA: Departments of Justice and Education issue guidance addressing ADA effective communication standards implicating special education
By: Penelope Wheeler-Abbott and Jeanne M. Kincaid
SchoolLaw Advisory Fall 2014 | Volume 26, No. 4 The Blending of IDEA and ADA: Departments of Justice and Education Issue Guidance Addressing AD...
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School district not liable for interference with employee's FMLA rights despite violations of FMLA notice provisions
By: Peter C. Felmly
In Bellone v. Southwick-Tolland Regional School District, the First Circuit Court of Appeals held that an employee’s rights under the Family Medical...
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Supreme Court issues landmark ruling in cellphone privacy case; but what effect on schools?
By: Elek A. Miller
By Elek A. Miller The United States Supreme Court recently issued a decision with wide-ranging implications for police cellphone searches. ...
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Second Circuit weighs in on school volunteers
By: M. Thomas Trenholm
Many school units are increasingly turning to individuals in the community to help with the day-to-day work of schools. With tight school budgets, i...
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Tips for addressing alcohol use and abuse by school employees
By: Laurel A.V. McClead
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Department of Education adopts regulations to accompany suicide awareness and prevention law
By: Penelope Wheeler-Abbott
Unfortunately, suicide continues to occupy a prominent place in our communities. Across the nation, there is a growing movement to bring the discuss...
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Chart of required and recommended trainings and notices for schools
By: Ann S. Chapman
Training Individuals Covered Topics Training Timeframe Notice Required Statutes/Regulations Bullying & Cyberbullyi...
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Arbitrator upholds bus subcontracting
By: Bruce W. Smith
Facing hard times with its budget for 2013-14, like most schools in Maine, the Auburn School Committee searched for all means possible to reduce spend...
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Then teacher action plan: A road map for improvement
By: Penelope Wheeler-Abbott
"Action plan," "assistance plan," "corrective action plan," "professional growth plan." No matter what it is called, it is a means for school admini...
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Final ACA regulations provide new flexibility for qualifying school districts
By: Christopher G. Stevenson
On February 12, 2014, the IRS released the final regulations governing the Affordable Care Act’s Employer Shared Responsibility Penalties—so-calle...
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As more charter schools open, the reach of charter school funding expands
By: Gregory Im
Since Maine’s first public charter schools opened in 2012, their financial impact on school administrative units has been localized to areas where t...
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Standards-based learning and special education: The limits of State power
By: Eric R. Herlan
Educational standards loom large in Maine, whether one focuses on Maine’s Learning Results or whether one looks to the Common Core. Most readers k...
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Equal treatment of the sexes in interscholastic athletics: Getting a handle on TItle IX compliance before you are hit with an audit
By: Melissa A. Hewey
Articles in the press and on social media recently have highlighted a case in Michigan where the Office of Civil Rights ("OCR") required a public high...
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Time to add a whistleblower policy to your Board manual
By: Ann S. Chapman
Both federal and state laws have long prohibited employers (including schools) from discriminating or retaliating against employees who make good fait...
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Transgender youth in schools: The Maine Supreme Court offers guidance on communal bathroom access
By: David M. Kallin
A recent decision by the Maine Supreme Judicial Court provides guidance for Maine school officials who continue to be called upon to address issues th...
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Risk assessments can be risky business!
By: Eric R. Herlan
Many readers may be familiar with a very common scenario in Maine schools, and it looks something like this: A student does or says something that a...
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When foreign student immigration status goes awry: A case study on "reinstatement"
By: Michael J. Murray
Many public high schools have established F-1 Visa Foreign Student Programs in the past several years. Schools benefit significantly by the presence...
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Telling tales outside of school: Court upholds termination of employee for publishing book
By: Laurel A. McClead
Public schools routinely face a difficult truth: public employees have First Amendment rights. Because they are government actors, school districts ...
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U.S. Departments of Education and Justice want schools to rethink student discipline
By: Jeanne M. Kincaid
On January 8, 2014, the U.S. Departments of Education ("DOE") and Justice ("DOJ") issued a jointly-authored Dear Colleague Letter ("DCL") asking the n...
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Educator effectiveness update
By: Drummond Woodsum
On January 23, the Maine Department of Education released its latest version of proposed rules outlining the requirements for local performance evalua...
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Is the State altering payments for state agency clients?
By: Eric R. Herlan and Penelope Wheeler-Abbott
The law has been very clear in Maine for many years that the State of Maine pays the educational costs for state agency clients who are placed by the ...
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Recent special ed hearing officer decisions address parent obstructionism
By: Hannah E. King
In special education there is a body of law that says that when a parent fails to work cooperatively in the Individualized Education Program ("IEP") p...
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Schools may be able to use qualified energy conservation bonds
By: Gregory Im
In a prior School Law Advisory article, 1 we discussed the availability of tax credit bonds authorized by Congress as part of various eco...
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Fall 2013

Action needed for schools offering a health FSA, HRAs, and/or paying for employees' health insurance coverage obtained elsewhere
By: Christopher G. Stevenson
Recent joint guidance issued by the IRS and the DOL 1 (the "Joint Guidance") will require action by any school district that offers a hea...
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First Circuit issues FMLA eligibility ruling
By: Jeana M. Petillo
The First Circuit Court of Appeals issued a decision this fall that addresses the Family Medical Leave Act ("FMLA") requirement that an employee must ...
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Students, iPads and CIPA compliance
By: Elek A. Miller
Schools continue to explore the ways that technology can support and enhance the delivery of educational services to students. One result of this ex...
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Recent Maine hearing officer decisions on the "specific misrepresentation" exception to the two-year statute of limitations
By: Hannah E. King
Under both federal law and Maine rules, there is a two-year statute of limitations on due process claims. 1 Generally, this means tha...
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Schools have their work cut out for them: Educator effectiveness and proficiency-based graduation
By: Penelope Wheeler-Abbott
The past several legislative sessions have resulted in the passage of a number of significant pieces of education-related legislation. The Legislatu...
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U.S. Supreme Court establishes causation standard for Title VII retaliation claims
By: Elek A. Miller
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U.S. Supreme Court adopts narrow definition of "supervisor" under Title VII
By: Peter C. Felmly
Earlier this summer, the United States Supreme Court clarified the definition of "supervisor" for purposes of employer liability for workplace harassm...
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Important Affordable Care Act update
By: Christopher G. Stevenson
Earlier this summer, the United States Supreme Court clarified the definition of "supervisor" for purposes of employer liability for workplace harassm...
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The 2013 amendments to the Maine Freedom of Access Act
By: Harry R. Pringle
Maine’s Freedom of Access Act has been amended on a yearly basis in recent years, and this past legislative session continued that trend. While the ...
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Employers beware: Changes to Form I-9 and document processing already in effect
By: Mona T. Movafaghi
On May 7, 2013, all employers became obligated to begin using the new two-page Form I-9. Employers who are not using the latest version of the f...
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"You'll put your eye out!" Understanding and using the IDEA weapons exception
By: Eric R. Herlan
Anyone who works in schools understands that state and federal special education laws impose significant limitations on how student discipline is admi...
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Legislature loosens "restraint" and schools can now breathe!
By: Eric R. Herlan
Readers all know that the Maine Legislature and the Department of Education issued a total re-write of the Maine rules on physical restraint and seclu...
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Stay away from my courtroom! How Maine courts approach appeals of arbitration awards
By: Harry R. Pringle
Since the early days of Maine public sector labor relations, the Maine Supreme Court has made it clear that it will review arbitration awards only in ...
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Maine adopts uniform independent contractor standard
By: Elek A. Miller
Schools are tasked with doing more with less these days. Often, “doing more” means providing students with increasingly specialized and individual...
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Risky business: The risks of risk assessment
By: Michael J. Opuda, Ph.D.
Risk assessments have become a common response to threats posed by students when there is a real or perceived threat made by a student against staff o...
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How can schools curb the abuse of intermittent family medical leave without interfering with employees' rights?
By: M. Thomas Trenholm
Although employees may be eligible to use family medical leave intermittently or on a reduced schedule in certain circumstances under federal and stat...
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School attendance based on residence eroding in Maine
By: Bruce W. Smith
From their origins in the nineteenth century, local schools, governed by local school boards, have been the foundation of free public education in Mai...
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A few changes to the budget laws
By: Robert P. Nadeau
The purpose of this article is to review some budget requirements that school units should be aware of this year. Much of this article will be a revi...
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Employee leave and the intersection of the FMLA and the ADA
By: Peter C. Felmly
We are often contacted by superintendents or business managers with the following scenario: An employee is out on FMLA due to a serious health condit...
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Cash flow loans and lease purchasing: Basic borrowing tips for school districts
By: E. William Stockmeyer
Cash flow loans (“TRANs”) and equipment lease purchase agreements are financial instruments commonly used by school officials to stretch their bud...
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Respecting the rights of transgender youth in the school system: A Maine court offers guidance
By: David M. Kalin
Maine schools continue to be called upon to address issues that arise from teaching transgender youth in their school systems. Maine law expressly fo...
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Arbitrator denies RIF grievance: Contract language deemed critical
By: Bruce W. Smith
In a decision that illustrates the importance of carefully drafted reduction in force (RIF) language, an arbitrator recently denied the grievance of a...
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Time to get your policy house in order?
By: Ann S. Chapman and Penelope Wheeler-Abbott
The past few years have brought a blizzard of new and revised federal and state statutes that have impacted Board policies. Many of the policy manual...
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Residential placement ordered to create "independent learner"
By: Eric R. Herlan
A Maine hearing officer has recently issued one of the more remarkable special education decisions in many years, which raises serious questions about...
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Recent court rulings of interest to schools
By: Peter C. Felmly; Melissa A. Hewey; WIlliam L. Plouffe
Court rules supervisors not liable under the Maine Human Rights Act and Whistleblowers Protection Act Peter C. Felmly, Esq. The Maine Supreme Judici...
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FERPA amended to ensure educational stability of students in foster care system
By: Penelope Wheeler-Abbott
Dealing with the fiscal cliff crisis wasn’t the only business in front of Congress on New Year’s Eve. With much less fanfare than was accorded to...
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U.S. Supreme Court reins in Congress' authority to attach strings to federal funds
By: Gerald M. Zelin
The U.S. Supreme Court’s June 28, 2012 decision in National Federation of Independent Business v. Sibelius1 explored the limits of Congress’s auth...
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Fall 2012

Court ruling paves the way for schools to obtain competitive bids for health insurance
By: George Royle V
On November 24, 2012, the United States Court of Appeals for the First Circuit issued an important decision that cleared the way for Maine school unit...
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Must schools transport special education students to schools of their choice?
By: Lisa R. Magnacca
We are beginning to see more frequent situations in which public school students may get to choose the school they plan to attend. It is generally t...
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Legislature makes major changes to Freedom of Access Act
By: Harry R. Pringle
Few Maine statutes are revised as often as the Freedom of Access Act. In recent years, amendments to the statute have become a yearly event. This ...
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ACA's health insurance mandage and what it means for school districts
By: Christopher G. Stevenson
The Patient Protection and Affordable Care Act (the "ACA") was signed into law March 23, 2010. 1 Although many provisions of the ACA to...
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Back to the future: RSU and AOS withdrawal procedures
By: Richard A. Spencer
When the Maine School Reorganization Law was first passed in 2007, there were penalties for failure to reorganize and there was no mechanism to allow ...
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Candid Camera: FERPA's privacy requirements give schools reason to pause
By: M. Thomas Trenholm
Many school units have installed video surveillance cameras in buses, hallways, parking lots and other public areas. These cameras are often the bes...
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First Circuit issues important new special ed ruling
By: Eric R. Herlan
The First Circuit Court of Appeals in Boston issued an important special education ruling this spring that addressed the scope of a public school’s ...
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Past Practice: What it is, what it isn't, and how to change it
By: Harry R. Pringle
There is probably no more misused term in labor relations than "past practice." All too often, when a school system proposes to improve old ways of do...
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Hot topics in technology
By: Elek A. Miller
Technology is ubiquitous these days. From the internet and all its uses to smart phones and tablet computers, everywhere we look technology is part ...
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Politics and union dues
By: Peter C. Felmly
Earlier this summer, the United States Supreme Court grappled with the issue of whether the First Amendment allows public sector labor unions to requi...
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Resolving student investigation conundrums: What to do when student stories conflict
By: Daniel J. Rose
One of the more difficult, and most common, issues confronting school administrators occurs when they are investigating student allegations. Whether...
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New health insurance reporting requirements on employees' IRS Form W-2
By: Christopher G. Stevenson
We have recently received a number of calls from school units interested to know the new health insurance reporting requirements on IRS Form W-2 and w...
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Spring 2012

New teacher evaluation law to have wide impact
By: Bruce W. Smith
The State Legislature has enacted an important new law that will require school units to develop and implement new teacher and principal evaluation sy...
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Legislature enacts changes to Maine`s student expulsion statute
By: Sara S. Hellstedt
In an attempt to improve high school graduation rates and address the correlation between expulsion and student dropout rates, the Maine Legislature e...
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Subcontracting school support services: The rules of the road
By: Harry R. Pringle
Whenever schools encounter a difficult budgetary climate, as has been the case over the last four years, the issue of subcontracting often comes up. ...
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Advertising of foods of minimal nutritional value at school
By: Elek A. Miller
Advertising is ubiquitous these days. From pop-up ads on the internet to product placement in television programs, products and services are more vis...
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Respecting the rights of transgender youth in the school system: What about the bathroom
By: David M. Kallin
Maine schools continue to be called upon to address issues that arise from teaching transgender youth in their school systems. Maine law expressly fo...
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Tips on purchasing school board liability insurance
By: Melissa A. Hewey
It is that time of year again when school units are putting together bid packages for liability insurance. The purpose of bidding is to invite partic...
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<Maine adopts new rules on restraint and seclusion: Hold on!
By: Eric R. Herlan
On April 4, 2012, the Governor signed into law a far-reaching set of new rules governing the use of physical restraint and seclusion with any students...
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Can you question an employee`s doctor`s note without violating the ADA or the FMLA?
By: M. Thomas Trenholm
Following an absence from work, employees often bring in a doctor's note stating something like: "Tom has been out of work because of late-diagn...
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Leveling the playing field at IEP meetings
By: Michael J. Opuda, Ph.D.
The Maine Department of Education ("MDOE") recently supported the Sanford School Department's (the "District") informal practice r...
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Controlling health care costs with ,medical savings accounts
By: Christopher G. Stevenson
Health costs are on the rise and most school units' health and dental insurance plans do not cover 100% of the cost of common medical expenses such or...
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Post-issuance tax compliance: Avoiding IRS trouble after the financing has closed
By: E. William Stockmeyer
School administrators are generally aware that there are a host of IRS regulations affecting their financings. They engage bond counsel to keep them ...
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Legal update on charter schools in Maine
By: E. William Stockmeyer
As we all know, the earliest start date for a Maine public charter school contract is July 1, 2012. As we also know, since enactment of the new chart...
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Supreme Court declines to weigh in on schools` authority to regulate students` online expression
By: Peter C. Felmly
In January 2012, the United States Supreme Court declined the opportunity to review three federal appellate decisions addressing the question of how f...
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Transgender students and student records
By: Kimberly A. Pacelli
Many schools are being called upon to adapt quickly to the new reality of teaching transgender students in their schools. Transgender students, and o...
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U.S. Department of Education issues new guidance on Section 504
By: Jeanne M. Kincaid
As our readers are aware, on January 1, 2009, Congressional amendments to the Americans with Disabilities Act and Section 504 of the Rehabilitation Ac...
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The special immigrant juvenile: Identifying and assisting certain immigrant children to obtain legal status
By: Mona T. Movafaghi
For better or for worse, our school systems have become one of the major institutions that provide for the protection of children. Schools are called...
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Employment and termination of nonprofessional employees
By: Harry R. Pringle
We often recommend to our school clients that they should consider delegating employment decisions regarding nonprofessional employees to the superint...
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U.S. Department of Education amends federal Family Educational Rights and Privacy Act regulations
By: Sara S. Hellstedt
On January 3, 2012, several amendments to the federal Family Educational Rights and Privacy Act ("FERPA") regulations took effect.1 In sho...
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Are college recommendations "education records?"
By: Ann S. Chapman
Guidance counselors, teachers and other high school staff are often asked to provide recommendations for students applying to post-secondary programs....
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Responding to requests for protected material: Copyright, fair use and Maine`s Freedom of Access Act
By: Elek A. Miller
Picture the following scenario: a community member, perhaps a parent, requests that a school provide him or her with a copy of some or all of a scienc...
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Fall 2011

Hearing officer limits limitations period
By: Eric R. Herlan
A recent ruling by a state hearing officer has made clear that there are important limitations in Maine's special education statute of limitations.1 W...
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Maine Supreme Judicial Court expands standard for municipal liability for employment discrimination
By: Melissa A. Hewey
On June 14, 2011, the Maine Supreme Judicial Court issued a decision in Walsh v. Town of Millinocket1 that has important implications for the ruling b...
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Foreign student programs at public high schools: how to get started
By: Michael J. Murray
In the past decade, there has been a marked uptick in the number of public high schools in Maine establishing foreign student programs. Over fifteen ...
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Let`s start the bidding - A review of recent changes to the competitive bidding laws
By: Robert P. Nadeau
During the most recent legislative session, the Legislature amended certain laws that relate to competitive bidding. This article provides a short rev...
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A game-time decision: First Circuit decides coach may consent to a police search of his team
By: Kimberly A. Pacelli
The First Circuit Court of Appeals recently issued an opinion addressing a high school coach's consent to a warrantless police search of the belonging...
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Recent decisions by the Maine Labor Relations Board and what they mean for school board negotiations
By: S. Campbell Badger
The past year has been a busy one at the Maine Labor Relations Board. The Labor Board decided a number of cases of importance arising under the Munic...
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Maine Legislature serves up healthy dose of new legislation
By: Peter C. Felmly
Drummond Woodsum has been representing public school districts in Maine for well over 30 years. During that time, there have been some years that hav...
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Federal agencies warn schools against checking students’ immigration status
By: Sara S. Hellstedt
As many readers know, public schools are required to provide equal educational opportunities to all children who reside in their district regardless o...
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Understanding tax exempt lease purchasing - “What’s really going on here?”
By: E. William Stockmeyer
Lease purchase agreements are often poorly understood. This can lead to unnecessary complications and mis-steps in closing on these transactions. Th...
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Annual Policy Summary
By: Ann S. Chapman
As noted in Peter Felmly's article elsewhere in this issue, the Maine Legislature was very active on the education front this past session. This arti...
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New special education developments in the
By: Amy K. Tchao
Special education was a hot topic in the Legislature this past legislative session. Recall that a little over a year ago, following extensive review ...
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Regulating off-campus student expression: The federal appellate courts weigh in
By: Peter C. Felmly and Elek A. Miller
Social networking websites and other forms of digital communication are everywhere these days. Students and school personnel alike have instant messa...
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Legislature increases probationary period to three years
By: Harry R. Pringle
When Maine's first continuing contract statute was adopted some 60 years ago,1 the probationary period was three years. The notion at the time, as the...
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Legislature makes significant changes to retirement laws
By: Bruce W. Smith
In its most recent session, the Legislature made extensive changes to Maine Public Employee Retirement System (MainePERS) benefits and retirement rule...
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MainePERS allows partial retirement credit for partially-compensated accrued vacation and sick days
By: Christopher G. Stevenson
The Maine Public Employees Retirement System ("MainePERS") recently confirmed their position on an unclear area of the law affecting MainePE...
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Ten ways that superintendents and school boards can undermine each other
By: Harry R. Pringle
Earlier this year, I was asked to give a presentation to a school board on the roles and responsibilities of school board members. It is a presentatio...
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Facing school budget problems
By: E. William Stockmeyer
As we approach the end of the fiscal year, school superintendents and business managers must take the steps necessary to ensure that they do not over-...
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How IT personnel may be exempt from overtime under the Fair Labor Standards Act
By: M. Thomas Trenholm
Many school units employ various people to perform a myriad of tasks in the ever-changing world of information technology ("IT"). These IT ...
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FERPA: Beware of reliance on the "sole possession" exception
By: Ann S. Chapman
Over the years, we have found that administrators, teachers and providers such as speech pathologists often rely on the "sole possession" ex...
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To friend or not to friend: Staff-student social networking
By: Bruce W. Smith
School boards and administrators are being bombarded with mixed messages about employees' use of social networking websites to interact online with th...
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The Coverdell Act: Federal protection for school personnel trying to maintain order and control at school
By: Elek A. Miller
With spring arriving, student energy and activity levels are on the rise. Unfortunately, increased energy and activity do not always lead to construc...
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IRS temporarily suspends health insurance nondiscrimination rules and considers significant modifications
By: Christopher G. Stevenson
On March 23, 2010 the Patient and Protection Affordable Care Act ("Health Care Reform") was signed into law. One of the more controversial a...
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Why the "Garrity Rule" matters to school administrators: What happens when an employee may have committed a crime?
By: David M. Kallin
School administrators are very familiar with wearing multiple hats. Consider just two of those hats for a moment: the hat school officials wear as m...
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New ADA regulations released: Definition of disability remains broad
By: Daniel J. Rose
Approximately three years after President Bush signed into law changes to the Americans with Disabilities Act in 2008 (the "ADAAA"), final r...
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School district faces $5.9 million penalty for H-1B visa violations
By: Michael J. Murray
A school unit may find itself hiring a foreign national as a language teacher or for some other teaching or administrative position as circumstances n...
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Why good supervisors really matter
By: Peter C. Felmly
Employers that have lived through a lawsuit or human rights commission investigation understand that employment cases often depend almost entirely on ...
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Courts have broad authority to right special ed wrongs
By: Eric R. Herlan
A recent ruling by a magistrate judge for the federal district court in Maine has highlighted the broad remedial authority of federal judges, and of h...
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Schools face reimbursement challenges under MaineCare`s new rules
By: Amy K. Tchao and Robert P. Nadeau
Over the past year or so, many school units have been busy attempting to navigate the changes in MaineCare rules that affect billing by school units f...
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GINA: What schools need to do now
By: Ann S. Chapman
GINA is an acronym for the "Genetic Information Nondiscrimination Act," a federal law that was enacted at the end of 2008 and applies to all...
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Court rules that public employer waived defenses to employee grievances
By: S. Campbell Badger
We have all assumed that school employees who have been employed for less than six months cannot, as a matter of law, be members of a collective barga...
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Maine hearing officer addresses regionalized special education programming
By: Eric R. Herlan
In an era of ever-tightening school budgets, more and more school officials are exploring the possibility of regionalizing some of their special educa...
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Arbitrator addresses accrual of vacation during extended, unpaid leave
By: Peter C. Felmly
School units across Maine have employees who need to take extended, unpaid leaves of absence to care for themselves or for a loved one. A number of q...
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TRANs for school districts: DOs and DON`Ts for cash flow borrowing
By: E. William Stockmeyer
School districts often need to borrow funds for short-term cash flow needs. Anticipated cutbacks in state and local funding and other pressures on fu...
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Fall 2010

Court upholds paid administrative leave
By: Harry R. Pringle
For many years now, we have been advising our clients to place employees on paid administrative leave, pending an investigation of wrongdoing. The th...
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Maine Supreme Court: School district immune from suit for accident on school bleachers
By: Jonathan M. Goodman
The Maine Supreme Judicial Court's most recent interpretation of the Maine Tort Claims Act resulted in a favorable ruling for Maine schools. In Searl...
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First Circuit upholds Pledge of Allegiance law
By: Peter C. Felmly
Educators in Maine and New Hampshire have been waiting for firm legal guidance on the following issue: Whether the voluntary, teacher-led recitation ...
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Hearing officer rulings provide special education guidance
By: Sara S. Hellstedt
Not all special education hearing officer rulings involve big issues or take your breath away with the principles they announce. Yet, most decisions ...
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Office of Civil Rights issues forceful reminder to schools on bullying based on race, color, national origin, sex or disability
By: Peter C. Felmly
On October 26, 2010, the U.S. Department of Education's Office for Civil Rights ("OCR") issued guidance to thousands of schools across the n...
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Supreme Court: Public employers may (sometimes) search employees` private text messages
By: Peter C. Felmly
In today's digital age, technological advances have transformed the way in which we communicate with one another. With the Internet, e-mail, smartpho...
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What must you do when home schoolers want special ed?
By: Eric R. Herlan
A number of public schools have recently received requests from parents of home schooling students seeking special education services for their disabl...
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To disclose or not to disclose: Should confidential counseling information be disclosed in response to subpoenas?
By: Brian D. Willing
It is more and more common for Maine school administrators and employees to receive subpoenas in connection with parental rights disputes, criminal pr...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
Both Congress and the Maine Legislature were relatively quiet in terms of new legislation affecting schools in the past year. However, there are a nu...
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Student expulsion hearing notifications: A belt and suspenders approach
By: Jonathan M. Goodman
One of the most undesirable tasks for school administrators is the recommendation of a student's expulsion. Unfortunately, students sometimes engage ...
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Tracking important trends in special education law from other jurisdictions
By: Sara S. Hellstedt
Unlike earlier years, the 2009-2010 school year saw very few hearing officer and court rulings within the State of Maine or the First Circuit Court of...
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Don`t just say "no" - Definitions of who is your employee`s child are changing
By: Daniel J. Rose
This summer, the Department of Labor ("DOL"), the agency which enforces the Family Medical Leave Act ("FMLA"), set out its interpr...
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Social security number collection raises hackles
By: Bruce W. Smith
The Maine Department of Education's recent directive to all schools to collect and report students' social security numbers, conditioned on parental c...
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Curb your pet! Service animals in public schools
By: Eric R. Herlan
Not very long ago, the Maine Legislature adopted a remarkably broad definition of "service animal," and at the same time imposed significant...
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The Maine Supreme Court weighs in: Municipal officials lack authority to block properly initiated school district referendum
By: Jerrol A. Crouter
Maine's highest court recently issued a decision which offers an important clarification concerning the authority, or lack thereof, of local governing...
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The duty to cooperate: When must a school employee assist in an investigation?
By: Harry R. Pringle
A recent arbitration case1 sheds light on two important issues for Maine school districts. First, it demonstrates how our web of confidentiality stat...
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The role of the schools in addressing cyber bullying
By: Bruce W. Smith
Just a few years ago, heightened awareness of both the extent and harmfulness of bullying among students swept the country, resulting in the enactment...
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Changes...Maine`s (new) unified special education regulations
By: Amy K. Tchao and Sara S. Hellstedt
The Maine Legislature recently adopted several significant changes to Maine's special education regulations. Although these new regulations are set t...
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Funding diversity: Building a broader base of education dollars
By: Melissa A. Cilley
Nationwide, the funding picture for schools is changing. California's education budget took a $17 billion hit over the past two years and it isn't fi...
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How tax credit bonds work: QZABs and QSCBs and BABs, Oh My!
By: E. William Stockmeyer
Most school administrators are familiar with the low interest rate benefit when school districts issue bonds, notes and lease purchase agreements (as ...
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Legislature authorizes RSUs to select start date for newly elected board members
By: M. Thomas Trenholm
Now that Maine's Regional School Units ("RSUs") have operated for almost one year, the member municipalities of an RSU may encounter another...
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Important changes to the budget laws
By: Robert P. Nadeau
During its most recent session, the Maine Legislature passed a number of important changes to the school budget laws. This article reviews those chang...
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Copyright pitfalls: How school administrators can stay ahead of the intellectual curve
By: Peter C. Felmly
Schools today face a number of challenges stemming from the capabilities and content available on the Internet, the proliferation of school websites, ...
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Federal court in Maine upholds extracurricular honor code
By: Melissa A. Hewey
Most public schools around the State of Maine and across the country have some form of extracurricular honor code that imposes consequences on student...
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Establishing a fuel cost stabilization fund
By: E. William Stockmeyer
Earlier this year, the Maine legislature enacted a new law that permits a school administrative unit to establish a fuel cost stabilization fund.1 Th...
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New special ed rules re-shape costs for contracted service providers
By: Eric R. Herlan
Most readers likely know that the Maine Department of Education has recently promulgated emergency special education rules that took effect on January...
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Poodles, peanuts and plans! A special Bonus Edition of "I was just wondering..."
By: Ann S. Chapman
In this special edition of our popular series, we are addressing three questions that have come up repeatedly in the past few months in our school law...
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U.S. Spreme Court declines to review case upholding student dress code
By: James C. Schwellenbach
The United States Supreme Court recently declined to review, and therefore let stand, an August 2009 decision by the Fifth Circuit Court of Appeals, P...
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Does a non-evacuation drill count toward a school`s State-mandated drill quota?
By: David M. Kallin
As schools develop and refine their Comprehensive Emergency Management Plans to include an increasing number and type of "life safety drills,&quo...
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Law Court rejects retired principal`s claim for accumulated but unused vacation
By: Peter C. Felmly
The Maine Supreme Judicial Court (the "Law Court") recently issued a decision in Richardson v. Winthrop School Department1 which held that a...
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Proposed federal regulations may extend schools` responsibilities under the ADA
By: Jeanne M. Kincaid
On September 23, 2009, almost a year to the date after former President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA)...
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Achtung! Attencion! iPeligro! Federal immigration laws apply to foreign exchange students
By: Sara S. Hellstedt
There isn't usually much overlap between schools in Maine and federal immigration law. Occasionally, however, schools confront issues that implicate ...
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Fall 2009

Everyday environmental hazards can be a hidden liability for school districts
By: Joanna B. Tourangeau
Everyone who sees a rusty drum leaking oddly colored fluids onto bare ground knows there's a problem. But, in these "going green" times, ma...
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Procedures to conduct the school budget meeting efficiently
By: E. William Stockmeyer
School officials are often frustrated by the length of time it takes to complete the school budget meeting. While the legal requirements to conduct t...
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Are private school students entitled to participate in public school extracurricular activities?
By: David M. Kallin
Imagine that a young man walks into your office and introduces himself as a resident of the town and a student at a nearby private school. He tells y...
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The government speech doctrine: School districts have speech rights, too
By: Bruce W. Smith
The United States Court of Appeals for the First Circuit (which includes Maine and New Hampshire) has just decided the latest in a recent series of co...
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Responding to allegations of sexual harassment by a co-worker: The Maine Supreme Court raises the bar
By: Peter C. Felmly
For many years, employers in Maine have faced potential liability for failing to address sexual harassment in the workplace. Until this summer, howev...
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Arbitration demonstrates need for careful RIF planning
By: Bruce W. Smith
In a decision issued on October 27, 2009, an arbitrator ruled that a western Maine school board did not violate the collective bargaining agreement wh...
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Hold `em or fold `em: When to pay for an independent educational evaulation
By: Melissa A. Cilley
School districts spend immense amounts of time and resources every year conducting evaluations of students who have, or are suspected of having, disab...
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Two recent Maine hearing decisions uphold school districts` proposed placements
By: James C. Schwellenbach and Sara S. Hellstedt
Two Maine hearing officers recently upheld the placements proposed by two school districts ...
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Court says IDEA and 504 eligibility are NOT the same
By: Eric R. Herlan
The United States Court of Appeals for the 10th Circuit has recently made clear that a child's eligibility for services under state and federal specia...
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Legislature adds attorney's fees to Freedom of Access Statute
By: Harry R. Pringle
In what has now become an annual event, the Legislature has once again made several changes to Maine's Freedom of Access statute. This year only one o...
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Top Ten Tips for mastering your 504 compliance
By: Jeanne M. Kincaid
With the passage of the Americans with Disabilities Act Amendments of 2008, which in turn amended Section 504 of the Rehabilitation Act, we've develop...
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School construction jobs gone bad: What is the statute of limitations
By: Jonathan M. Goodman
School districts are often faced with construction projects that ultimately prove defective. To make matters worse, the problem often remains undisco...
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Congress and President reverse Supreme Court and extend time for lawsuits under Title VII
By: Mark A. Paige
Two Maine hearing officers recently upheld the placements proposed by two school districts ...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
The First Regular Session of the 124th Maine Legislature was relatively quiet in terms of new legislation affecting schools, but there are some new st...
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Robert`s Rules simplified: Really!
By: Harry R. Pringle
In 1863, Henry Robert was an engineering officer in the United States Army. He was asked to preside over a meeting, and did not know how. "My emb...
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Are there any limits to school "choice" for special education students?
By: Eric R. Herlan
Don't let the title of this article fool you. We all know that parents of students with disabilities have no more of a right to choose where to send ...
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United States Supreme Court broadens potential liability for peer-to-peer harassment
By: Melissa A. Hewey
Back in 1998, the United States Supreme Court defined a school district's potential liability under Title IX for peer-to-peer harassment in narrow ter...
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Tired of bake sales? Try advertising on your buses
By: Sara S. Hellstedt
Given the tough economic environment, it is no surprise that schools are looking for creative ways to raise revenue. Recently, several districts have...
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FERPA and student confidentiality: New developments and fresh reminders
By: Amy K. Tchao and Ann S. Chapman
Student confidentiality can be a tricky area to navigate for school administrators. The federal Family Educational Rights and Privacy Act (FERPA) giv...
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Big changes to the ADA and Section 504: How they will affect your schools
By: James C. Schwellenbach
As most readers know, substantial amendments to the Americans with Disabilities Act ("ADA") and the Rehabilitation Act ("Section 504&qu...
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Non-attending students: truant or treatment? Evaluations and interventions to improve school attendance
By: Michael J. Opuda, Ph.D.
Schools have struggled for years distinguishing between truancy and school phobia for non attending students. These typical examples are probably all...
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Furlough days 101
By: S. Campbell Badger
In response to the worsening economic climate at both the State and local level, more and more employers, including school boards, are exploring the c...
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Spending federal stimulus funds: DOs and DON`Ts
By: Mark A. Paige
The Maine Department of Education submitted its application for federal stabilization funds on April 10, and stated on April 24 that they expect feder...
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School construction and renovation funds available through the stimulus bill
By: Robert P. Nadeau
The Stimulus Bill authorizes tax-credit bond programs to fund public school construction and renovation projects. The bond programs will provide funds...
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The Caribou teacher dismissal: A story of courage and conviction
By: Bruce W. Smith
In the winter of 2007-2008, a student informed Caribou High School Principal Mark Jones that an English Teacher had made some extremely offensive joke...
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How expansive are the First Amendment rights of elementary school students?
By: Sara S. Hellstedt
Most first amendment cases involving public school students concern high school and junior high school students. But elementary school students have ...
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You say referendums, I say referenda: A few changes to the budget validation process
By: Robert P. Nadeau
During last year's budget cycle, school districts were obligated to use the budget validation referendum process to obtain approval of the school budg...
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Court dismisses constitutional claim against coaches for student`s death
By: James C. Schwellenbach
The 11th Circuit Court of Appeals recently found that the parents of a Georgia student who collapsed and died following a voluntary workout session wi...
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Schools given new leeway to investigate and report health or safety emergencies
By: Eric R. Herlan
The U.S. Department of Education has just issued new revisions to the rules that govern the release of student education records, issued pursuant to t...
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New U.S. Department of Labor regulations clarify military provisions of the family and medical leave law
By: Ann S. Chapman
On January 16, 2009, important new U.S. Department of Labor regulations went into effect concerning the Family and Medical Leave Act. This article wi...
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Fall 2008

The expansion of the ADA and Section 504 - What it means for schools
By: Jeanne M. Kincaid
As many readers know by now, effective January 1, 2009, the amendments to the Americans with Disabilities Act ("ADA") and the Rehabilitation...
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Court upholds disciplining student for violent writings
By: James C. Schwellenbach
The U.S. Court of Appeals for Fifth Circuit recently found that school officials did not violate a Texas student's free speech rights when they discip...
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Student assaults at your school - Can schools be liable?
By: Jonathan M. Goodman
School violence seems to be everywhere, and we are reading more and more about serious assaults, and even occasional murders, in and around school gro...
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Board grievance meetings are not hearings
By: Daniel J. Rose
Because of the important role of due process hearings when conducting student expulsions or teacher dismissal/non-renewals, most school boards and adm...
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Magistrate Judge denies special education eligibility for non-school issues
By: Sara S. Hellstedt
Recently, a Magistrate Judge for the U.S. District Court for the District of Maine found that under the federal Individuals with Disabilities in Educa...
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The Pledge of Allegiance in school: recent legal developments
By: Mark A. Paige
Many school administrators and school law attorneys were disappointed when the Supreme Court issued its 2004 ruling in Elk Grove Unified School Distri...
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Law Court issues critical ruling construing Maine`s Freedom of Access Act
By: Peter C. Felmly
School administrators should be aware of a recent decision of the Maine Supreme Judicial Court (the "Law Court"), Blethen Maine Newspapers, ...
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Legislature amends Freedom of Access Statute - yet again
By: Harry R. Pringle
Once again this past session, the Legislature made several changes to Maine's Freedom of Access statute. Three of those changes in particular are of ...
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Are you keeping up with special education discipline? Part Two
By: Eric R. Herlan
In our Spring 2008 issue of the School Law Advisory, we wrote about the important change in special education discipline rules relating to when school...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
School reorganization continued to be the major area of activity on the education front in the Second Regular and First Special Sessions of the 123rd ...
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Third time`s a charm: The Maine Supreme Court says no publicly funded reimbursements for sectarian schools
By: Sara S. Hellstedt
The Maine Supreme Judicial Court (the "Law Court") has once again weighed in on an issue involving Maine's controversial tuition statute, 20...
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First Circuit rejects delayed reimbursement claim
By: Amy K. Tchao
The First Circuit Court of Appeals recently rejected a parent's claim for tuition reimbursement for a private placement based on the parent's long del...
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The Alternate Organizational Structure ("AOS") - A new option for school reorganization in Maine
By: Richard A. Spencer
As most readers know, PL 2007, Chapter 668, permits school administrative units to submit a reorganization plan to form an "alternate organizatio...
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Arbitrators rule in schools` favor
By: Bruce W. Smith
Three Maine school units received favorable decisions this summer in arbitration awards addressing payment of health insurance premiums while an emplo...
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Must students testify in student and employee disciplinary hearings?
By: Bruce W. Smith
Educators are well-acquainted with the concept of due process in both student disciplinary and employee disciplinary matters. In a nutshell, a stude...
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Just one bite at the apple: Law Court rules against social worker
By: Abigail Greene Goldman
Do you remember the somewhat peculiar "Is a social worker a 'teacher'?" case that we told you about in the Winter 2007 edition of the School...
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First Circuit limits requirements for behavior intervention plans and transition services
By: Jeanne M. Kincaid
On February 25, 2008, the First Circuit Court of Appeals roundly rejected the parents' challenge to a comprehensive IEP that addressed, among many com...
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Aaah, Summer . . . A great time for some policy housekeeping!
By: Ann S. Chapman
With the school year drawing to a close, we're all looking forward to a more relaxed schedule, some vacation time and warm weather. But before you ge...
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Don`t lose the trees for the forest: A refresher on budget approval considerations
By: E. William Stockmeyer
School officials might be excused for having difficulty keeping up with state funding reductions, spiraling price increases, new budget validation ref...
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Hearing officer denies 504 eligibility
By: Melissa L. Cilley
A recent due process hearing officer decision should prove helpful to school districts and parents seeking to define student eligibility under Section...
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Consolidation offers an opportunity to develop a long-term labor relations plan
By: S. Campbell Badger
I recently attended the North American Association of Educational Negotiators annual conference for school board negotiators from the United States an...
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Recent modifications to Maine`s Child and Family Protection Act impact Maine schools
By: Sara S. Hellstedt
Some readers may not know that on September 20, 2007 the Maine Legislature made two significant changes to the Child and Family Protection Act that wi...
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Are you keeping up with special education discipline? Part One
By: Eric R. Herlan
Student discipline in schools is difficult enough these days, what with the importance of maintaining good order in the school while at the same time ...
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Federal Appeals Court sides with school districts in limiting duties under the NCLB
By: Gerald M. Zelin
On January 7, 2008, the U.S. Court of Appeals for the Sixth Circuit ruled in favor of a coalition of school districts and teachers...
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Double Jeopardy and teacher discipline
By: Harry R. Pringle
Old cases can still be very good cases, and occasionally it makes sense to go into our archives to find solutions to current problems. One good examp...
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If you want to hire a foreign teacher, plan ahead!
By: Ted Kelleher
Schools in Maine often hire teachers from Canada as well as other foreign countries. The decision to do so, however, cannot be made at the last minut...
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First Circuit denies private school tuition reimbursement because of parents` "unreasonable" actions
By: James C. Schwellenbach
In a decision that just came down on January 18, 2008, the First Circuit Court of Appeals denied tuition reimbursement to parents who had unilaterally...
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Congress expands Family Medical Leave law
By: Daniel J. Rose
On January 28, 2008, President Bush signed into law an amendment to the Federal Family Medical Leave Act (FMLA) which expands the reasons employees c...
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Who`s the boss? When two school districts share services, which district is the "public employer?"
By: Jonathan M. Goodman
Sharing resources, such as transportation services, can provide great benefits for school districts. But venturing into this area also presents some ...
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Hearing officer finds in-district placement for autistic student appropriate
By: Sara S. Hellstedt
This past December, a Maine Hearing Officer ruled that the parents of a student with autism were not entitled to keep the student at a private day-sch...
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Fall 2007

The top 5 things non-special ed folks should know about Maine`s new special ed regulations
By: Amy K. Tchao
Federal and special education laws and regulations keep changing all the time with real world impacts on each of your school systems. And as hard as ...
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Private school tuition reimbursement, round three: The U.S. Supreme Court weighs in (well, sort of...)
By: Sara S. Hellstedt
On October 10, 2007, the U.S. Supreme Court's split decision in Board of Education of the City School District of the City of New York v. Tom F.,1 lef...
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Arbitrator upholds discipline of special education teacher
By: Eric R. Herlan
Most teachers do a wonderful job day in and day out in challenging situations. But occasionally a teacher seriously missteps and school administrator...
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Expansion of State family medical leave demands attention
By: Daniel J. Rose
Just when you thought you knew everything you needed to know about the Federal and State medical leave laws, the State Legislature comes along and mak...
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New court decision supports discipline of threats of mass violence
By: Bruce W. Smith
Just when we thought that the Supreme Court's decision in the "Bong Hits 4 Jesus" case ...
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Annual policy summary and checklist
By: Ann S. Chapman
While most of us were focused on school consolidation last spring, the 123rd Legislature quietly enacted a number of important statutory changes that ...
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Legislature creates "Department of Education Diploma" imposing new obligations on local districts
By: James C. Schwellenbach
In what is a major change to Maine's graduation law, the Legislature has decided that after September 20, 2007, a Maine student who has experienced &q...
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First Circuit rejects parents` peer-on-peer sexual harassment charge involving students with disabilities
By: Jeanne M. Kincaid
Student-on-student sexual harassment is an issue all schools face at one time or another. In 1999, the U.S Supreme Court, in Davis v. Monroe Cty. Bd....
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IRS issues final 403b regulations: What schools need to know
By: Robert P. Nadeau
The IRS published the new 403b regulations governing tax-sheltered annuities in final form at the end of July. We have received a number of questions...
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Student to student harassment: Are schools responsible for enforcing a court`s restraining order?
By: Brian D. Willing
Although Maine schools know they must be responsive to complaints of student to student harassment, students do not always report harassment to school...
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"Bong hits 4 Jesus" not protected speech
By: Bruce W. Smith
Most educators are now aware of the Supreme Court's recent decision in the case of Morse v. Frederick,1 in which a student claimed that his display of...
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Expanding student speech rights open school doors to "culture wars"
By: Bruce W. Smith
"Sticks and stones will break my bones, but words will never hurt me." So my mother ...
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Violent writings and artwork by students: What can school officials do?
By: James C. Schwellenbach
Imagine the following scenario (or maybe you don't have to imagine): School administrators become aware of a student's personal drawings or writings ...
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Our employees all have to be fingerprinted - why should we do criminal records checks?
By: Harry R. Pringle
Not long ago, I had a morning meeting with a superintendent in a nearby school district. An employee had been suspected of stealing from fellow emplo...
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Don`t forget about background checks for volunteers
By: Ann S. Chapman
In the past couple of years, there have been several cases of Maine school districts discovering that a volunteer who worked with students was listed ...
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Teasing and joking with your players: Good coaching or sexual harassment?
By: MAH
On April 9, 2007, the Fourth Circuit Court of Appeals issued an opinion in Jennings v. University of North Carolina1 that highlights the need for ade...
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Law Court issues important ruling construing Maine`s Freedom of Access Act
By: Peter C. Felmly
School administrators should be aware of a recent decision of the Maine Supreme Judicial Court, Cyr v. Madawaska School Department,1 in which the cou...
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Are schools responsible for funding students` substance abuse rehabilitation?
By: Jonathan M. Goodman
Maine schools are often faced with the question of whether to fund drug and alcohol rehabilitation programs for students who have otherwise been ident...
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Changes to the new Federal Civil Rules: What`s it to me?
By: Melissa A. Hewey
On December 1, 2006, several amendments to the Federal Rules of Civil Procedure took effect. While amendments to the Federal Rules are not uncommon ...
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FMLA: How do you count to 12?
By: Harry R. Pringle
Whenever a new statute is passed, it is not at all uncommon for it to take years for the courts to figure out what it actually says. This was nicely ...
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I was just wondering
By: Jonathan M. Goodman
"In my district, a person's employment may be terminated if they are convicted of a felony. How do you know whether a crime is a felony or a mis...
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Superior Court upholds district`s termination of school social worker: Finds lack of available funds is "just cause"
By: James C. Schwellenbach
Is a school social worker a "teacher?" According to a recent decision by the Superior Court in Androscoggin County,1 which upheld a school ...
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Employee embezzlement: One school`s success story
By: Jeffrey T. Piampiano
Mention the word "embezzlement" and, for many of us, it conjures up images of violated trust and misplaced confidence that would cause a hea...
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Pennsylvania school district sanctioned for violating arbitrage and disclosure laws
By: E. William Stockmeyer
Last November, in Weiss v. SEC,1 the District of Columbia Court of Appeals refused to reconsider a Securities and Exchange Commission order imposing ...
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Family Medical Leave: The things you don`t know can hurt you
By: Daniel J. Rose
Many of you have worked hard to learn the intricacies of the federal Family and Medical Leave Act (FMLA), either because of a need to feed your family...
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Fall 2006

Special voting requirements apply to superintendent contract extensions
By: Bruce W. Smith
It is generally understood that a school board may take official action only as a body, at a meeting that meets the notice and openness requirements o...
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I was just wondering
By:
"Our guidance counselors have concerns about answering the two new "discipline questions" on the School Report Form of the Common App...
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Hearing officer says no to emotional disability
By: Eric R. Herlan
A Maine hearing officer recently ruled that a student with challenging behaviors is not emotionally disabled, but is instead socially maladjusted, and...
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Are school crisis plans confidential?
By: Ann S. Chapman
Imagine for a moment that a gentleman shows up at your office and asks to see your school unit's crisis response plan. Is the crisis plan a public ...
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TEACH: The Technology, Education and Copyright Harmonization Act
By: Daina J. Nathanson
In the last issue of the School Law Advisory, the Fair Use Doctrine and its application to public schools' use of copyrighted material was discussed a...
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School counselors can reveal student attendance
By: Eric R. Herlan
The question sometimes arises whether state and federal confidentiality laws bar school counselors from revealing to other school officials that a stu...
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First circuit says no to special education damages
By: Eric R. Herlan
Most school administrators have heard their school lawyers and special education directors talk about the risk of monetary damages against individual ...
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I was just wondering...
By:
"We are scanning old records such as Board meeting minutes to save on storage space. Once we scan them, can we destroy the original paper copies...
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Educators can only make "fair use" of copyrighted material
By: Daina J. Nathanson
Educators use the work of others to teach. The ready accessibility of the photocopier and the Internet presents an easy means for copying or download...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
The second session of the 122nd Legislature was relatively quiet when it came to changes to the education statutes that may impact local school board ...
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5th Circuit finds that school had right to require medical evaluation for student with significant medical needs
By: James C. Schwellenbach
In a recent decision by the 5th Circuit Court of Appeals, Shelby v. Conroe Independent School District,1 the court affirmed a grant of summary judgmen...
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United States Supreme Court addresses employee free speech . . . again
By: Harry R. Pringle
Thirty-eight years ago, in the fall of 1968, Marvin Pickering's case was finally decided by the United States Supreme Court.1 Marvin was a teacher i...
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Electronic devices pose policy challenges for schools
By: Ann S. Chapman
Cell phones, PDAs, iPods, handheld computers, graphing calculators, electronic games ...
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Federal District Court upholds State service fee provision
By: Harry R. Pringle
On March 31, 2006, the United States District Court for the District of Maine granted summary judgment to various State of Maine defendants in a case ...
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Definition of disability keeps expanding in Maine
By: Eric R. Herlan
Two important rulings by Maine courts have dramatically expanded when Maine employees and Maine students will be considered disabled under various law...
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Failure to comply with new IDEA due process procedures costs school district
By: James C. Schwellenbach
A state-level due process hearing is one of the ways in which a parent of a student with a disability can challenge decisions about their child...
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Federal court upholds student expulsion: Well-run hearing is the key to passing constitutional muster
By: Melissa A. Hewey
Student expulsion hearings occur with some frequency in school districts throughout the state and, not uncommonly, the parents of students who are exp...
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Protecting your school against employee theft
By: Daniel J. Rose
Employee theft. No one likes to think about it. It's like that sound coming from somewhere underneath your car while driving down Route 11 on the wa...
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Maine Supreme Court says it again: No publicly funded tuition payments to sectarian schools
By: James C. Schwellenbach
In what is the latest, though likely not the last, court challenge to the constitutionality of 20-A M.R.S.A. ...
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Changes to budget articles under LD 1968: No rest for the weary (school official)
By: E. William Stockmeyer and Robert P. Nadeau
Last year's enactment and subsequent amendment of LD 1created a moving target for Maine school officials preparing their budget articles for approval....
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Maine court vastly expands special education eligibility - but rejects out of district placement request
By: Eric R. Herlan
In a breathtakingly broad decision, the United States District Court for Maine has read a variety of Maine laws and regulations in a remarkably expans...
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What if you were hiring someone to be in charge of your own child? A suggested protocol
By: Donald A. Kopp
While not a legal standard, we have often felt that the gut-level, undisturbed-sleep test that school administrators might want to apply when hiring e...
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Three Freedom of Access Act myths exposed
By: Harry R. Pringle
Maine's Freedom of Access Act contains a number of highly ambiguous provisions. Perhaps because of this, several misconceptions about the statute hav...
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Student residency and enrollment issues remain complicated
By: James C. Schwellenbach
From time to time, school administrators encounter situations that present questions concerning the eligibility of school-age students to attend the s...
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Make sure your discipline policies work FOR you, not AGAINST you
By: Ann S. Chapman
Imagine this scenario: a high school student confronts a fellow student in the locker room during lunch and beats him unconscious. What should the sc...
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Labor Board rules on scope of management rights clause
By: S. Campbell Badger
Nearly all collective bargaining contracts in Maine contain a "management rights" clause. These clauses are important because they allow an...
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Fall 2005

Student Handbooks: Practical tips and common pitfalls
By: Ann S. Chapman
Most school districts in Maine have student handbooks that provide useful information about school rules, policies, procedures, and programs for stude...
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Can student grades be challenged under FERPA?
By: Harry R. Pringle
Most Maine administrators are familiar with Maine's grading statute, 20-A M.R.S.A. ...
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When school employees speak out: Is it Constitutionally protected speech or not?
By: Peter C. Felmly
Many school administrators are familiar with the recent decision of the United States District Court, Cole v. Maine School Administrativ...
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Maine school boards are unique: Understanding that uniqueness is important
By: Donald A. Kopp
Background Of Maine's political bodies, school boards may well be the most complex and least understood. Maine's Constitution gives the responsibil...
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Labor Board finds that school board negotiated in good faith
By: S. Campbell Badger
In a recent decision, M.S.A.D. No. 46 Education Association v. M.S.A.D. No. 46 Board of Directors,1 the Maine Labor Relations Board wrestled with seve...
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Legal guidelines for school web sites
By: Bruce W. Smith
Most school units now have their own web sites. In fact, within a school unit there may be many levels of web sites: a system-wide page; pages for in...
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Private education foundations: Can one work in your district?
By: David S. Sherman
Guitars strum in the music wing of the Cape Elizabeth Middle School. The songs of the Beatles, Green Day and Elvis reverberate against the walls. Th...
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Changes to Maine`s bargaining law: Parties are now required to maintain the status quo upon expiration of a collective bargaining contract
By: S. Campbell Badger
The Maine legislature recently amended Title 26 M.R.S.A. Section 964-A to provide that the grievance/arbitration procedure of any collective bargainin...
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Legislature rolls back Learning Results
By: Bruce W. Smith
The Legislature recently enacted several significant amendments to the Learning Results laws, including elimination of the mandate that all students m...
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Five tips for Superintendents: Some things I`ve learned (or relearned) over the past year
By: Harry R. Pringle
Over the years, we have seen a number of issues come up over and over again in school districts. While these problems may seem repetitive to us, the ...
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Maine Supreme Court rejects playground disability claim
By: Eric R. Herlan
The Maine Supreme Court has recently resolved a long running dispute between the Falmouth School Department and the parents of a child with Asperger...
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Legislature provides for family sick leave: Schools need to take action
By: Daniel J. Rose
Imagine for a second, just for a second, that you are one of the chosen few. That...
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Legal effects of your student handbooks: Recent developments
By: Hugh G. E. MacMahon
The Maine Supreme Judicial Court recently decided, in Millien v. Colby College,1 that a college...
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Federal law mandates "Constitution Day" program in all public schools this September
By: Jerrol A. Crouter
As a result of a little-discussed provision contained in the federal Consolidated Appropriations Act of 2005, the United States Congress provided that...
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Making your school playground accessible: It`s not child`s play!
By: Jeanne M. Kincaid
As public entities, school units are obligated to ensure that all of their programs, activities and services are accessible to individuals with disabi...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
State Statutes and Regulations Several important Maine education and employment statutes and regulations were revised in the first session of the 12...
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EPS: The Latest Amendments
By: E. William Stockmeyer
As school administrators struggle to implement the new statutory budget approval requirements enacted last January, our State legislature has not been...
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Changes in special education due process impacts schools
By: Eric R. Herlan
There are some very significant changes under the new IDEA in the area of special education due process, and some of those changes require much closer...
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What to do if you forget to designate leave under the Family Medical Leave Act
By: Daniel J. Rose
Relax. It's okay. It happens to everyone at one time or another. You forgot to designate an employee's absence as a Family Medical Leave absence a...
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Postcards from the Web: Creative teaching or a violation of privacy?
By: David S. Sherman
Many elementary school teachers in Maine traditionally send letters to their incoming students each August, welcoming them to school and detailing the...
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Supreme Court opens door wider to age claims
By: Bruce W. Smith
In an important age discrimination case that could have implications for Maine schools, the United States Supreme Court ruled in March that an individ...
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United States Supreme Court expands reach of Title IX
By: Amanda A. Meader
Background On March 29, 2005, in Jackson v. Birmingham Board of Education,1 the U.S. Supreme Court expanded the scope of Title IX, the landmark gende...
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Are you in or out? Withholding issues for school districts
By: Robert P. Nadeau
Typically, employees of school districts participate in either the Maine State Retirement System ("M.S.R.S.") or Social Security. In some c...
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U. S. Department of Education proposes more flexibility for testing students with disabilities under NCLB
By: Jeanne M. Kincaid
On April 7, 2005, newly appointed Secretary of Education, Margaret Spellings, announced that the U.S. Department of Education (DOE) intends to authori...
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Principal`s job offer to teacher held unenforceable
By: Bruce W. Smith
A Maine Superior Court ruled in March that neither a School District nor administrators can be held liable when a principal offers a job a teaching po...
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Congress alters special education discipline
By: Eric R. Herlan
As most readers likely know, Congress adopted major revisions to the federal special education laws at the end of 2004, and these changes will likely ...
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Educational malpractice claims: A brief history
By: Harry R. Pringle, Esq.
Over the last 30 years, the field of school law has exploded. A legal revolution which began in the late 1960...
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Arbitrator rules on a school board`s authority to set the school calendar and the meaning of the phrase "meet and consult"
By: Daniel J. Rose, Esq.
Can a School Board decide when the school year begins? What steps does a Board have to follow to ...
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Are private school students entitled to participate in public school extracurricular activities?
By: Amanda A. Meader, Esq.
Imagine that a young woman walks into your office and introduces herself as a resident of the town and a student at a nearby private school. She tell...
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College recommendations: Are they "education records" or not?
By: Ann S. Chapman, Policy and Labor Relations Consultant
Guidance counselors, teachers and other secondary school personnel are routinely asked to provide recommendations for students to postsecondary progra...
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Public participation at school board meetings: How to avoid legal and political mistakes
By: Bruce W. Smith, Esq.
School boards in Maine, and in other states, often wrestle with difficult issues concerning the role of non-members of the board ...
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The problem with selecting an insurance company and a brain surgeon on the basis of who charges the least
By: Donald A. Kopp, Esq.
Few of us would select a brain surgeon solely on the basis of the surgeon offering a cut rate price (at least if we were the one to be operated on). ...
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Plan Ahead: Chicken Pox Vaccine-Waiver required at more grade levels for 2005-2006 school year
By:
As you all know by now, the requirement that students have a chickenpox vaccine or an appropriate waiver as a condition for enrolling in school is bei...
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Courts continue to clarify Constitutional rules for searches of students in which police are involved
By: Hugh G. E. MacMahon, Esq.
Twenty years ago, in New Jersey v. T.L.O., the Supreme Court established a standard of ...
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When must schools evaluate students under Section 504?
By: Eric R. Herlan, Esq.
We all know about the heavy obligations that public schools have to evaluate students who have been referred to special education, and then to do furt...
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Fall 2004

Maine court upholds restrictions on use of school playground by home schooled student
By: Melissa A. Hewey
Have you ever had one of those nightmares where you are doing exactly what needs to be done but you can't get the people around you to understand what...
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"Maintenance of standards" clauses: Beware of what you agree to at the bargaining table
By: S. Campbell Badger
A recent decision by the Maine Labor Relations Board underscores the danger of agreeing to what is commonly known as a ...
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First Circuit says it again: No publicly funded tuition payments to sectarian schools
By: James C. Schwellenbach
Five years ago, in Strout v. Albanese,1 the First Circuit Court of Appeals, the federal court that determines what the law is in Maine, upheld the con...
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The Maine Tort Claims Act and public building appurtenances: When close isn`t close enough
By: Amanda A. Meader
In June 2004, the Maine Supreme Court (the ...
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Commissioner eliminates time limits on appeals of special education due process complaints
By:
.In a recent administrative letter, the Maine Commissioner of Education notified school districts of changes in the appeal procedures for special educ...
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Computer software licenses: What schools need to know
By: Harry R. Pringle
If you were asked whether your school district...
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Special education services for private and home school students: What is a school district required to provide?
By: James C. Schwellenbach
Federal and state special education laws strictly limit the right of children with disabilities who are enrolled by their parents in private schools t...
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Annual Policy Summary and Checklist
By: Ann S. Chapman
Annual Policy Summary and Checklist Maine lawmakers were busy during the second session of the 121st Legislature enacting a number of changes to...
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Legislature amends Freedom of Access Statute
By: Harry R. Pringle, Esq.
On July 30, 2004, a number of changes to Maine...
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To make an expulsion stick, you gotta do it right!
By: James C. Schwellenbach, Esq.
Student expulsions are an important and sometimes necessary part of a school district's efforts to combat serious student misconduct. Maine's expulsi...
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Computer and fluorescent lamp recycling: What every school administrator should know
By: Peter C. Felmly, Esq.
Many school officials may already be aware that tossing old computers and fluorescent lamps in a dumpster along with other trash is not a viable optio...
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The Pledge of Allegiance case - Implications for Maine school officials
By: Hugh G. E. MacMahon, Esq.
On June 14, 2004, the Supreme Court handed down its ruling in "the Pledge of Allegiance case," Elk Grove (California) Unified School Distric...
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can schools address conflicts of interest with school employees having private practices?
By: Ann S. Chapman, Policy and Labor Relations Consultant
Imagine that you're a special education director sitting in a PET meeting and suddenly your school social worker starts sounding more like a paid advo...
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No results, no diploma! Legislature addresses standards-based diplomas
By: Bruce W. Smith, Esq.
Implementation delayed until 2007-2008 Last May, the Legislature enacted a law1 granting schools (and this year's sophomores) a reprieve by delaying ...
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Court considers arbitrator`s authority to review post-discharge conduct
By: Gregg R. Frame, Esq.
A United States Magistrate Judge's Recommended Decision in a federal court case in Maine has lent clarity to several issues surrounding the appeal of ...
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Negotiations: Preparation, Preparation, Preparation!
By: S. Campbell Badger, Esq.
Now that summer is coming to a close and the negotiating season is about to begin, it is time for school boards to begin preparing to negotiate their ...
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Schools can maximize their MaineCare reimbursement
By: Michael J. Opuda, Pd.D., Special Education Consultant
Special education services, especially day treatment services, can be expensive. MaineCare, the State of Maine...
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Maine`s gifted and talented mandate is back!
By:
After more than 10 years of post-poning implementation of the state law mandating that school districts in Maine have gifted and talented (GT) program...
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Reimbursement rulings redux: The First Circuit weighs in
By: James C. Schwellenbach, Esq.
In an article in the last issue of the School Law Advisory, Eric Herlan discussed several recent Maine decisions addressing the issue of reimbursement...
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Dealing with those pesky pests: Integrated pest management policy a must!
By: Ann S. Chapman, Labor Relations and Policy Consultant
Spring is finally here (or what passes for spring in Maine), and the Board of Pesticides is on the move, checking to see if schools have adopted an In...
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Legislature tightens enforcement of truancy laws
By: Peter C. Felmly, Esq.
In March, Governor Baldacci approved the Maine Legislature's most recent attempt to deal with the problem of habitually truant students. This article...
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New federal rules regarding overtime to go into effect
By: Daniel J. Rose, Esq.
The U.S. Secretary of Labor, Elaine L. Chao, announced on April 20, 2004 that new rules governing overtime eligibility under the Fair Labor Standards ...
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Maine`s Tuition Statute is Back in the Courts
By: Hugh G. E. MacMahon, Esq.
Five years ago, state and federal courts in Maine addressed the constitutionality of 20-A M.R.S.A. ...
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Feds relax NCLB requirements for participation and highly qualified staff
By: Amy K. Tchao, Esq.
In an effort to soften the impact of the many rigid requirements under the No Child Left Behind Act (NCLB), the U.S. Department of Education recently ...
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Maine Labor Relations Board issues series of decisions
By: Gregg R. Frame, Esq.
Outlined below are summaries of recent Maine Labor Relations Board decisions that may be of interest to you. These decisions contain valuable insight...
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Educating homeless students: Another of NCLB`s many mandates
By: James C. Schwellenbach, Esq.
An often overlooked piece of the No Child Left Behind Act is the reauthorization of the McKinney-Vento Homeless Assistance Act,1 the federal law origi...
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Presenting the school budget: The Maine Legislature weighs in
By: Peter C. Felmly
As many school administrators are aware, the process of explaining the school budget to the legislative body for approval is fraught with uncertainty....
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Candid cameras coming to a school new you
By: Ann S. Chapman, Policy and Labor Relations Consultant
By now you have probably seen the Sprint commercial where a girl uses her cell phone to snap a picture of a boy with sloppy eating habits and sends it...
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Early retirement benefits - The saga continues
By: Harry R. Pringle
Changes in Maine State Retirement System laws and regulations over the years have resulted in numerous challenges for school units. Regular readers o...
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LAU Plans: What are they? Is yours up to date?
By: James C. Schwellenbach
The Maine Commissioner of Education recently issued an Administrative Letter reminding Maine school districts of yet another important obligation with...
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Special ed reimbursement rulings continue in Maine
By: Eric R. Herlan
Perhaps the most startling change over the past five to ten years in special education is the rapid increase in the number of successful parent reimbu...
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First Circuit finds no monetary damages available under IDEA
By: James C. Schwellenbach
In an important recent decision, the First Circuit Court of Appeals, the federal court whose decisions determine what the law is in Maine, addressed a...
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Paying the plumber: The State expands the Revolving Renovation Fund Program
By: Robert P. Nadeau
Most of you, we imagine, are familiar with the revolving renovation fund programs administered through the Department of Education and the Maine Munic...
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Title IX and school athletics: A compliance primer
By: Gregg R. Frame
More than thirty years after the implementation of Title IX, much has been written about its impact on athletic programs, both at the collegiate and t...
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Schools must be careful when deciding not to rehire former employees
By: Daniel J. Rose
Although it can be stressful for an employer to have to force an employee to resign because of gross misconduct such as illegal drug use, being sued f...
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Fall 2003

Schools are not subject to HIPAA - Or maybe they are!
By: Robert P. Nadeau, Esq.
The Health Insurance Portability and Accountability Act ("HIPAA") establishes regulations to protect the privacy of health information of in...
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Arbitrator decides probationary teacher RIF case
By: Harry R. Pringle, Esq.
Shortly before the summer 2003 issue of the School Law Advisory went to press, a decision was issued in an arbitration involving the Waterville Teache...
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SADs and CSDs now entitled to interest on unpaid monthly installments
By: Richard A. Spencer, Esq.
For the first time starting September 13, 2003, Maine school administrative districts and community school districts are entitled to collect interest ...
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Supreme Court ruling on cross burning addresses when threats are protected speech
By: Eric R. Herlan, Esq.
A recent Supreme Court ruling on whether a state can prohibit cross burning without violating First Amendment free speech rights provides surprisingly...
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Changes to Maine`s transfer of student records law: Is nothing easy anymore?
By: James C. Schwellenbach, Esq.
Like a lot of things, transferring student records to a student's new school district used to be simple. Recent amendments to Maine's Transfer of Stu...
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Why schools should not allow complaints about staff at PET meetings
By: Eric R. Herlan, Esq.
We recently encountered a difficult situation for schools, which reflects quite well the potential clash between employee rights and the rights of par...
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New law permits students to continue high school beyond age 20
By: Michael J. Opuda, Special Education Consultant
A law recently passed by the Maine Legislature permits superintendents to request that the Commissioner of the Department of Education waive the age l...
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Annual Policy Summary and Checklist
By: Ann S. Chapman, Labor Relations and Policy Consultant
A law recently passed by the Maine Legislature permits superintendents to request that the Commissioner of the Department of Education waive the age l...
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Probationary teachers: Common pitfalls and problems
By: Harry R. Pringle, Esq.
Consider these three scenarios, all of which have unfolded in Maine schools over the past year: ...
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First Circuit rejects employee`s claim that he was disabled by ADHD
By: Eric R. Herlan, Esq.
The First Circuit Court of Appeals has recently rejected the claim of a discharged employee that his ADHD condition left him disabled and should have ...
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Changing your mind: What rules govern school board reconsideration?
By: Hugh G. E. MacMahon, Esq.
Confusion at school board meetings sometimes occurs in connection with the proper form of a motion to reconsider an action taken by the school board a...
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Just what the doctor ordered? The role of medical evaluations under IDEA and Section 504
By: James C. Schwellenbach, Esq.
Eligibility and placement decisions, whether under the IDEA or Section 504, are rarely easy. Eligibility determinations based on medically related di...
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How much Orange Degreaser do YOU need?
By: Donald A. Kopp, Esq.
There are several companies located in Florida that sell janitorial and bus garage supplies to schools throughout the country. All of these companies ...
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NCLB paraprofessional rules do not apply to non-instructional duties
By: Eric R. Herlan, Esq.
Readers likely know that the federal No Child Left Behind Act ("NCLB") imposes new, burdensome qualification requirements on paraprofessiona...
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The making of a new Maine law
By: Gregg R. Frame, Esq.
This past winter and spring we had an opportunity to observe the Maine Legislature in Augusta up close and personal, as we followed Maine School Manag...
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Recent amendments to the Maine Special Education Regulations
By: Michael J. Opuda, Ph.D.
The Maine Department of Education recently amended the state special education regulations to conform to various requirements from the U.S. Department...
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Supreme Court upholds library filtering
By: Bruce W. Smith, Esq.
The United States Supreme Court has ruled that use of Internet filtering on library computers does not violate the first amendment rights of public l...
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Maine Supreme Court rules school district immune in personal injury case
By: Hugh G. E. MacMahon
In February, 2003, the Maine Supreme Judicial Court issued its decision in the case of Lightfoot v. M.S.A.D. No.35.1 That case involved a student's p...
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May the PET lower graduation requirements?
By: Eric R. Herlan
Perhaps no issue in the field of special education is of greater interest to schools in Maine at this time than the question of whether the PET has au...
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Maine court upholds student expulsion
By: James C. Schwellenbach
Maine law gives school boards authority to expel students who are deliberately disobedient or deliberately disorderly when their removal is necessary ...
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Maine Supreme Court addresses SAD withdrawal process
By: Deirdre M. Smith
In Town of Eagle Lake v. Commissioner, Department of Education, the Maine Supreme Judicial Court recently affirmed a decision of the Aroostook County ...
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Superior Court denies probationary teacher forfeiture claim
By: Harry R. Pringle
In the summer 2002 issue of the School Law Advisory, we reported on a decision by the Commissioner of Education on a forfeiture request by a probation...
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"What are they doing with all their time?" The proliferation of school administrator duties
By: Gregg R. Frame
School administrators have likely grown tired of the above question, which is being asked with increasing regularity during these difficult financial ...
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Must schools grant all door-to-door transportation requests?
By: Eric R. Herlan
Perhaps all areas of special education law present nagging questions that can be difficult to answer. Yet this is particularly so in the area of spec...
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Reduce coaching disputes with coherent policies and procedures
By: Bruce W. Smith
Although athletic coaches are employed only seasonally on a part-time basis and paid relatively modest stipends, their hiring and firing tends to caus...
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Ten things every school board member should know about the laws governing school budgets
By: Richard A. Spencer and E. William Stockmeyer
School board members come from every walk of life. Formal training in business and accounting is not required for the job, and most board members mus...
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Praise for the NEA. Who would have thunk? Boundaries that protect teachers
By: Donald A. Kopp
Introduction In the past we have addressed teacher-student boundaries from the point of view of protecting kids. As the MEA's wearisome campaign to ...
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Hippotherapy, music therapy and boxing therapy - Say it ain`t so!
By: Eric R. Herlan, Esq.
Special education undoubtedly is one of the most important federal initiatives in the last 30 years to help students in need. Yet some service reques...
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Court issues clarifications in sexual harassment law
By: Daniel J. Rose, Esq.
The Court of Appeals for the First Circuit recently clarified two important issues regarding employee claims of sexual harassment: the timing of the ...
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Compensatory education: Another way that courts spell "relief"!
By: James C. Schwellenbach, Esq.
Any school district may, at one time or another, fail to provide a special education student with all the services or programming to which he or she i...
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School Resource Officers: Checklists for effective policies, procedures and agreements
By: Ann S. Chapman
We recommend that every school unit with a School Resource Officer program consider adopting a board policy and administrative procedure to ensure tha...
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"Hours worked" means hours actually worked under the FMLA
By: Gregg R. Frame, Esq.
The First Circuit Court of Appeals in Plumley v. Southern Container, Inc.1 provided clarity on how to calculate hours worked for the purpose of determ...
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Be careful about complying with software license agreements
By: Bruce W. Smith, Esq.
Software is a form of intellectual property protected by the United States copyright laws. The copyright ...
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Employment and reemployment rights for National Guard and Reserve members
By: S. Campbell Badger, Esq.
In light of the call up of the National Guard for the looming Iraqi crisis, and the possibility of future call ups for civilian service members, schoo...
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Defining "adequate yearly progress" under No Child Left Behind: Is it possible?
By: Amy K. Tchao, Esq.
The federal No Child Left Behind Act ("NCLB") places many new and significant requirements on school districts to implement a state-created ...
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What is the "school of origin" under the Homeless Act?
By: Donald A. Kopp, Esq.
Prologue Included among the many surprises in the No Child Left Behind legislation are amendments to the federal laws relating to educating homeless ...
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Hearing officer discusses school resource officer
By: Eric R. Herlan, Esq.
A Maine special education hearing officer has recently ruled that school resource officers are not bound by state and federal special education laws w...
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Fall 2002

Public school choice under the No Child Left Behind Act
By: Amy K. Tchao, Esq.
On January 8, 2002, President Bush signed into law the No Child Left Behind Act of 2001 ("NCLB" or the "Act"). This new law amend...
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Appeals court rules that private school is not a “state actor”
By: Deirdre M. Smith, Esq.
In a decision with significance for not only private schools that accept students via public school tuition agreements, but also for the school units ...
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Legislature clarifies respective roles of school boards and superintendents
By: Harry R. Pringle, Esq.
It is rare that a session of the Legislature does not result in numerous changes to the education statutes. In this last session, those changes inclu...
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Who wins when a disabled employee’s accommodation request violates an employer’s seniority system?
By: Gregg R. Frame, Esq.
The Supreme Court continued its trend of limiting the reach of the Americans with Disabilities Act ("ADA") in U.S. Airways, Inc. v. Barnett....
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Hearing officers issue new special education rulings
By: Eric R.. Herlan, Esq
Schools should be aware of three recent Maine hearing officer rulings in favor of local school units that should provide helpful guidance in programmi...
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Restrictions on employee’s ability to lift heavy objects may not be a disability
By: Daniel J. Rose, Esq.
Almost every school, at one time or another, has been faced with the situation in which an employee reports an inability to lift heavy objects. It ma...
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Homeless or not? How is a school to decide?
By: James C. Schwellenbach, Esq.
Can it be true that a student is "homeless" who voluntarily moves out of his parent's home and in with his girlfriend's family in a differen...
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A quirky difference between school guidance counselors and social workers
By: Donald A. Kopp, Esq.
Maine law Section 4008(2) of Title 20-A says that both school counselors and social workers must keep their counseling relationships and the informat...
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Standards based diplomas
By:
School officials in Maine are most likely aware that the Maine Legislature has adopted a standards-based system for the issuance of diplomas, starting...
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ANNUAL POLICY SUMMARY
By: Ann S. Chapman
Our federal and state governments have been hard at work in the past several months, passing new statutes and rules which will require local school ...
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Supreme Court upholds student drug testing policy
By: Amy K. Tchao, Esq
In a case watched closely by public school administrators across the country, the Supreme Court this past term upheld the constitutionality of a stude...
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Commissioner rules on probationary teacher forfeiture
By: Harry R. Pringle, Esq
Under 20-A M.R.S.A. ...
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Supreme Court finds no private right of action under FERPA
By: James C. Schwellenbach, Esq.
Last issue we reported that the First Circuit Court of Appeals, in Frazier v. Fairhaven School Committee,1 decided that a parent could not sue a schoo...
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Must schools designate leave under the Family Medical Leave Act?
By: Daniel J. Rose, Esq
Family Medical Leave Act (FMLA) regulations require employers to "designate" leave as FMLA leave for it to qualify under the FMLA. The Secr...
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Labor Board rules on retroactivity
By: S. Campbell Badger, Esq.
The Maine Labor Relations Board recently ruled that a school board may use the issue of retroactivity as a legitimate bargaining strategy in order to ...
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“Please release me. . .” Releases and waivers for student participation in athletics
By: James C. Schwellenbach, Esq.
Releases and waivers of liability are common defenses to tort claims. A release is a surrender of a legal claim that one has, or that one may have in...
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Court addresses liability for playground injury
By: Melissa A. Hewey, Esq.
On June 3, 2002, the Penobscot County Superior Court entered summary judgment in favor of the City of Bangor and the Bangor School Department in Fiand...
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Reminder: Criminal background checks for non-certified school employees and contractors
By:
Remember that employees and independent contractors who are not certified by the Maine Department of Education (MDOE) must have received their crimina...
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State law authorizes blood tests
By: Brian D. Willing, Esq.
School employees sometimes come into contact with students, parents and other persons with infectious and communicable diseases. A school employee wh...
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Vouchers in Maine
By: Donald A. Kopp, Esq.
Maine's statute Maine school administrative units without secondary schools (or without any schools) must provide tuition money for their resident st...
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Boards should carefully consider limits on public comment
By: Donald A. Kopp
Freedom of Access Act Maine's Freedom of Access Law defines a school board meeting as a "public proceeding." This means that meetings of a...
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Personal leave days and religious discrimination
By: Harry R. Pringle
It is not uncommon in Maine school systems for employees to assert that the school calendar discriminates against them on the basis of their religion....
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MLRB recognizes limit on "impact bargaining" during the term of a collective bargaining agreement
By: Hugh G. E. MacMahon
This article discusses the legal principles that limit the obligation of a school board to engage in "impact bargaining" during the term of ...
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Recent legal developments in lease purchasing
By: E. William Stockmeyer
Lease purchasing is a particularly useful method for school units to finance equipment and certain other capital needs. Because it is a method of tax...
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Mediation initiative presents interesting questions
By: S. Campbell Badger
Recently members of the Maine Labor Relations Board's panel of mediators announced a new initiative to promote the use of mediation to resolve contrac...
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Student-to-Student sexual harassment: Protecting students and schools in a rapidly changing legal environment
By: Daniel J. Rose
The Supreme Court clarified the law regarding student-to-student sexual harassment in its decision in Davis v. Monroe County Board of Education, and m...
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Massive federal education law is enacted
By: Bruce W. Smith
President Bush signed the"No Child Left Behind Act" into law on January 8, 2002. The U.S. Department of Education describes the new law ...
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Maine`s new graduation standards and the PET
By: Eric R. Herlan
Most of our readers by now know that Maine is in the process of revamping its graduation standards to a very significant degree, reflecting the ongoin...
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Congress expands protections for homeless students
By: James C. Schwellenbach
A 1997 report to Congress found that there were 2880 homeless students in Maine, and that 580 of those students ...
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New retirement statute impacts bargaining
By: Harry R. Pringle, Esq.
Last September a new statute, PL 2001, Chapter 442 ("An Act to Expand Retirement Benefits for State Employees and Teachers Returning to Service&q...
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Staff evaluations are essential to employment litigation
By: Melissa A. Hewey, Esq.
The purpose of evaluating staff is to advance professional growth. Properly performed evaluations advise employees not only of what they need to do t...
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Schools must inform families of risks to their children
By: Eric R. Herlan, Esq.
Readers are all aware that schools have a legal duty to inform parents of risks to their children ...
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Motions to reconsider - what does Robert really rule?
By: Donald A. Kopp, Esq.
SCHOOL LAW ADVISORY Winter 2002 Issue Drummond Woodsum & MacMahon #370 Motions to reconsider ...
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Court rules spouse of employee may not serve on board
By:
SCHOOL LAW ADVISORY Winter 2002 Issue Drummond Woodsum & MacMahon #371 Court rules spouse of employee may not serve on board ...
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Family and Medical Leave Act presents challenges
By: Daniel J. Rose, Esq.
Schools must comply with a myriad of federal and state laws and regulations regarding its employees. While each one of these laws is complex in its o...
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Employment and reemployment rights for National Guard and Reserve members
By: S. Campbell Badger, Esq.
In light of the tragic events of September 11, the call to duty of members of the National Guard, and the possibility of future call ups for civilian ...
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United we STAND? Maybe not (at least during the Pledge of Allegiance)
By: James C. Schwellenbach
It is February 2002 in a high school classroom somewhere in Maine. As she has done at the start of each day since she began her teaching career, Ms. ...
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Tax-Sheltered annuity plans get a little easier to manage
By: Robert P. Nadeau
Effective January 1 of this year, new tax rules adopted by Congress make it easier to calculate the maximum amount that an employee may contribute to ...
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Supreme Court narrows reach of ADA
By: Eric R. Herlan, Esq.
In an important new ruling, the United States Supreme Court has continued to narrow the reach of the Americans with Disabilities Act ("ADA")...
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First Circuit addresses school liability for monetary damages
By: James C. Schwellenbach, Esq.
What are the steps a parent must take if they hope to obtain monetary damages from a school district for a violation of IDEA? Can a school be liable ...
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Firing Ridge was right decision
By: Bruce W. Smith and Melissa A. Hewey
From time to time, members of our group speak out in the press on issues affecting our school clients. In the past, Harry Pringle has written op-ed p...
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Fall 2001

Mold growth prompts important concerns
By: William L. Plouffe, Esq
One of Portland's largest elementary schools is closed down before the 2001 school year opens and school administrators are forced to rent commercial ...
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Schools should prepare for mold litigation
By: Deirdre M. Smith, Esq
In just the past few years, concerns regarding the potential health risks posed by the presence of certain species of mold have increased multifold. ...
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Professional boundaries deserve board attention and action
By: Ann S. Chapman
In the summer 2001 issue of the School Law Advisory, Don Kopp wrote an article on the importance of establishing clear expectations about professional...
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Trying to hire and retain crack administrators? Consider the “gavel nuggie”
By: Donald S. Kopp, Esq
Years ago while I was meeting with a school board, one of the board members became quite excited, emotional, and vocal. Out of the corner of my eye, I...
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The best interests of students? Arbitration and the burden of proof
By: Harry R. Pringle, Esq.
In virtually all legal proceedings, someone ...
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Hearing officer trips on transition issue
By: Eric R. Herlan, Esq
A Maine hearing officer has recently addressed the scope of a school's obligation to provide transition services for a disabled student planning on co...
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New Maine statutes add policy requirements
By: Ann S. Chapman
Several new statutes took effect on September 21, 2001 which require local school boards to adopt new policies and/or revise existing policies. Schoo...
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Legislature approves rules for timeout rooms and restraints
By: Eric R. Herlan, Esq.
On May 8, 2001, the Governor signed a new resolution that approves regulations drafted by the Maine Department of Education on the use of timeout room...
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Probationary teachers: Some observations by a school lawyer
By: Harry R. Pringle, Esq.
As every superintendent knows, superintendents and school boards have almost complete discretion over the employment of probationary teachers under Ma...
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Access to student records and personnel files: Rights of parents and employees
By: Hugh G. E. MacMahon, Esq.
This article discusses the scope of the rights of parents and public school employees to review student records and personnel files. The rights of pa...
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Confidentiality, e-mail and the Web
By: Bruce W. Smith, Esq.
The proliferation of e-mail use in schools and school web pages has both greatly accelerated the transfer of information and increased the quantity of...
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Reducing liability for student injuries on school premises
By: Deirdre M. Smith, Esq.
Injuries at school are a reality that cannot be entirely eliminated. A slip on a playground, a student fight or an unexpected accident can occur at a...
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“Good fences make good neighbors”
By: Donald A. Kopp, Esq.
Why fences? Robert Frost's observation about the importance of fences1 dramatizes the importance of boundaries. In most schools, paying more attentio...
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Principal’s role in special education discipline remains central
By: Eric R. Herlan, Esq.
A Maine hearing officer has issued an important special education ruling regarding whether the sale of drugs by an 8th grade student would constitute ...
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“Oh yeah? Make me!” School searches and insubordinate students
By: Barbara L. Goodwin, Esq.
Anyone who works in schools knows that the days when teachers and administrators could count on their directives being followed by students without qu...
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Schools must take care when requiring medical examinations for employees
By: Daniel J. Rose, Esq.
Most schools have become familiar with the restrictions imposed by the Maine Human Rights Act and the Americans with Disabilities Act on their ability...
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Lessons from the Supreme Court on disability accommodations in sports
By: Eric R. Herlan, Esq. and Amy K. Tchao, Esq.
In an important ruling for those who follow both the Americans with Disabilities Act ("ADA") and Section 504, the Supreme Court has issued a...
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Maine judge rules student computer is not private
By: Bruce W. Smith, Esq.
In a recent decision in a federal criminal case,1 U.S. District Judge Brock Hornby ruled that a student had no legitimate expectation of privacy in a...
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Schools should avoid involvement in custody disputes
By: Bruce W. Smith, Esq. and Robert P. Nadeau, Esq.
It is two o'clock on a Friday afternoon. Johnny, a first grade student in your elementary school, is scheduled to board the bus home at 2:10 p.m. Jo...
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Legislature adopts important amendment to the Maine Tort Claims Act
By: Deirdre M. Smith, Esq.
The Maine Tort Claims Act ("MTCA") is the statute that imposes limitations on personal injury claims brought against public entities in Main...
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Responding to the media about student and employee misconduct
By: Harry R. Pringle
Introduction Schools often find themselves between a rock and a hard place in legal matters. This is nowhere more true than when allegations against...
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Employee access to personnel files: Implications of the recent Wal-Mart case
By: Hugh G. E. MacMahon
In January of this year, the Maine Supreme Judicial Court decided the case of Harding v. Wal-Mart Stores, Inc.1 That case involved the meaning of &q...
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Cash flow borrowing may yield financial advantages for schools
By: Robert P. Nadeau
School administrative districts, community school districts, and municipalities all have authority to borrow funds in anticipation of revenues. Under ...
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Paticipation counts! Attendance policies with academic sanctions
By: Barbara L. Goodwin
I remember people telling me when I went off to college that school was about more than good grades, and that I would learn a lot from the people I me...
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Hearing officer addresses special education and drug sales
By: Eric R. Herlan
A Maine hearing officer has recently issued an important special education ruling regarding whether the sale of drugs by an 8th grade student would co...
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DHS child abuse interviews at school
By: Donald A. Kopp
Child Protection Act Maine's Child and Family Services and Child Protection Act (22 M.R.S.A. ...
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Free speech or hate speech? Court strikes down overbroad anti-harassment policy
By: Amy K. Tchao
It is well recognized that public schools have broad authority to prescribe and control student conduct and to adopt rules reasonably necessary to ma...
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I was just wondering...
By:
QUESTION: With kindergarten registration fast approaching, I was just wondering if my school administrative district can require student's social s...
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Commissioner issues behavior standards
By: Bruce W. Smith
The School Law Advisory reported in its Summer 1999 issue on the enactment of a new statute that requires all school units in the State to adopt stude...
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Hearing officers provide special education guidance
By: Eric R. Herlan
Not all special education hearing officer rulings involve big issues, yet most decisions offer guidance on questions that may come up from time to tim...
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Schools should apply "zero tolerance" policies carefully
By: Bruce W. Smith, Esq.
Zero tolerance has gained currency in recent years as a phrase that reflects the attitude of school boards, school administrators and parents toward...
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Understanding the PET process
By: Eric R. Herlan
In many ways, the process for decision-making in regard to students with disabilities is very straightforward, and can be sum-med up as follows: In al...
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Be prepared: A practical checklist for negotiators
By: Ann S. Chapman
It is almost impossible to overstate how important being prepared is for ensuring a positive outcome when you negotiate contracts. You can be sure th...
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New guidelines issued for playground accessibility
By: Deirdre M. Smith
For the first time, schools and other entities providing play areas and play structures have a set of specific guidelines to refer to when creating pl...
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Expulsions: Can they "send a message"?
By: Donald A. Kopp
Background Since 1825 when Maine's expulsion statute was enacted school boards have had the responsibility for expelling students when removal has b...
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Making the grade: Education in the Unorganized Territories
By: Barbara L. Goodwin
When grading special education students, and evaluating their progress toward graduation, there are a few long-standing principles to be followed. A ...
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Federal Court denies student readmission suit
By: Bruce W. Smith
The United States District Court in Portland recently rejected a student's request for a court order reinstating her to school following her expulsion...
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Fall 2000

Students, please exchange your papers.
By: Robert P. Nadeau, Esq.
Back when I was at school, many of my teachers routinely asked us to exchange quizzes or homework with other students so that we could grade each othe...
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Concerns raised about insulin injections in class
By: Donald A. Kopp, Esq.
The California effect We have all observed The California Effect: something innovative pops up in California and then seems to drift eastward with th...
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Superior Court rules on scope of teacher immunity for physical acts toward students
By: Melissa A. Hewey, Esq.
instances where the use of physical force is necessary to protect students, property, staff or third parties. In recognition of this, the Maine Legis...
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Educational v. Non-educational needs: Which behaviors must schools address through special education?
By: Eric R. Herlan, Esq.
Schools, courts and hearing officers for years have wrestled with the thorny question of which child challenges must be addressed through special educ...
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Teacher contract does not require school board to pay domestic partner health insurance premiums
By: Barbara L. Goodwin, Esq.
An Arbitrator has recently ruled that the language of the M.S.A.D. No. 22 collective bargaining agreement does not require the School Board to pay pre...
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Implementing the new student transfer application statute
By: Harry R. Pringle, Esq.
A little over a year ago, in September 1999, several new statutes designed to deal with student violence came into effect. Two of those statutes requ...
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School boards now required to adopt medications policy
By: Ann S. Chapman, Esq.
With little fanfare, a new statute took effect in Maine on August 11, 2000 that requires local school boards to adopt a policy and procedure for admin...
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I was just wondering...Do you need parental consent to post student information on the web?
By: Bruce W. Smith, Esq.
We continue here with our regular feature of responding to common questions that may arise, but about which you may not get around to asking your scho...
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Wells-Ogunquit CSD intervenes in local cost sharing lawsuit
By: E. William Stockmeyer, Esq.
The York County Superior Court has granted a motion by Wells-Ogunquit Community School District to intervene in a lawsuit filed by the Town of Wells i...
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Sexual harassment in employment - Reducing the risk of school liability
By: By Hugh G. E. MacMahon, Esq. and Daniel J. Rose, Esq.
Despite widespread awareness of the illegality of sexual harassment in the workplace, sexual harassment cases continue to fill the dockets of human ri...
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“Don’t stand ... Don’t stand so ... Don’t stand so close to me.”
By: Barbara L. Goodwin, Esq.
The Police song quoted in the title tells the story of a teacher who desires a young girl, but pleads with her not to stand so close to him. Perhaps ...
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Schools must address sexual harassment between students*
By: Amy K. Tchao, Esq.
Schools have long been sensitive to the legal issues relating to sexual harassment by the employer or employees or even by school officials toward stu...
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Schools should not ignore sexual orientation harassment
By: Bruce W. Smith, Esq.
On November 7, 2000, the voters of Maine will once again decide whether to enact a law prohibiting discrimination based on sexual orientation in emplo...
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I was just wondering:School Committee quorum question
By:
We continue here with our regular feature of responding to common questions that may arise, but which you may not get around to asking your school boa...
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Maine’s hazing law prohibits harassment in school
By: Eric R. Herlan, Esq.
School officials undoubtedly know that they need to prevent harassment in school, and that this is especially true in the case of sexual harassment. ...
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Schools should review their harassment policies
By: Ann S. Chapman
It is no secret to superintendents and school boards in Maine that there has been a proliferation of laws requiring schools to protect students and em...
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Schools need better understanding of police role in student disciplinary matters
By: Bruce W. Smith, Esq.
Maine schools have called on the police more in the past year than during any similar period in memory. There are two obvious reasons: first, schools...
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“You’re standing in my kumquats!” Maintaining professional boundaries
By: Donald A. Kopp, Esq.
DON`T take down the wall In the off Broadway musical The Fantasticks,1 neighboring fathers, both avid gardeners, one with a daughter and the oth...
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FERPA offers little help when faced with allegations of child abuse
By: Robert P. Nadeau, Esq.
Copyright ...
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Are schools responsible for ALL bad behaviors under IDEA?
By: Eric R. Herlan, Esq.
Copyright ...
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I was just wondering....
By:
We continue in this issue with what has become o ne of our most popu lar regular features. This is the place where we answer some of those nagging sc...
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Probationary teachers and reductions in force: An ounce of prevention
By: Harry R. Pringle, Esq.
Copyright ...
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Maine Legislature adopts new line item budget format and budget referendum procedure
By: Richard A. Spencer, Esq.
Copyright ...
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Supreme Court addresses who is disabled under Section 504 and ADA
By: Eric R. Herlan, Esq.
This past summer, the Supreme Court finally answered the oft_debated question of whether persons who wear eye glasses should be considered disabled u...
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Student safety may require non-disciplinary risk assessments
By: Donald A. Kopp, Esq.
If a student makes a threat to injure or kill others, s/he is subject to discipline including expulsion. In expulsion cases, parents often conclude t...
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Immigration laws impact schools
By: Edward J. Kelleher, Esq.
United States immigration laws apply to every employer in the United States, including schools. The primary obligation of an employer under immigrat...
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State law addresses "volunteer"
By: Daniel J. Rose, Esq.
For years superintendents and school board members have been confused about the legal restrictions regarding when, and if, school board members and t...
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School boards should delegate decisions on employment and termination of nonprofessional employees
By: Harry R. Pringle, Esq.
We often recommend to our school clients that they should consider delegating employment decisions regarding nonprofessional employees to the superin...
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New law requires notice to schools of students` violent crimes
By: Ann S. Chapman
Without much fanfare, two new Maine statutes went into effect on September 18, 1999, which are designed to alert schools when one of their students i...
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"If you let me play sports . . . ."
By: Barbara L. Goodwin, Esq.
Not long ago a certain sneaker manufacturer ran an ad campaign which featured a number of little girls, each saying how much better their lives would...
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Construction management can make complex school construction easier
By: Robert P. Nadeau, Esq.
School districts planning to undertake school construction projects may want to consider hiring a construction manager ("CM") to oversee and manage t...
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What is a school union, anyhow?
By: Harry R. Pringle, Esq.
Except for superintendents and school board members who actually serve in Maine school unions, most people are not really sure what a school union is...
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Maine court upholds student search
By: Melissa A. Hewey, Esq.
On November 23, 1999, following a bench trial in the United States District Court in Bangor, Judge Morton A. Brody issued a decision in Greenleaf v. ...
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Hearing officer agrees that schools determine class schedules
By: Amy K. Tchao, Esq.
In a recent case involving the Saco School Department/School Union No. 7, a special education hearing officer ruled that the school was not required ...
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Are employee phone numbers and addresses confidential or a "public record"?
By: Eric R. Herlan, Esq.
We continue in this issue with what has become one of our most popular regular features. This is the place where we answer some of those nagging sch...
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Fall 1999

The role of school boards in expulsions: How do you solve a problem like Maria?
By: Donald A. Kopp
Copyright ...
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Expulsion procedures; How to conduct a student expulsion hearing
By: Harry R. Pringle, Esq.
Unfortunately, student expulsion hearings have become increasingly common in recent years. If you have never been involved in an expulsion hearing, ...
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He said/She said: What to do when stories conflict
By: Daniel J. Rose, Esq.
One of the more difficult, and most common, disciplinary issues confronting school administrators occurs when students provide conflicting accounts o...
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When should expelled students be readmitted
By: Amy K. Tchao, Esq.
Under Maine`s expulsion statute, 20_A M.R.S.A. _1001(9), school boards have the authority to expel a student from school for certain behaviors listed...
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Discipline policies should work FOR you, not AGAINST you
By: Ann S. Chapman
Imagine this scenario: A high school student confronts a fellow student in the parking lot during lunch and beats him unconscious with a brick. What...
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YER OUTTA HERE! Suspensions and due process
By: Barbara L. Goodwin, Esq.
In these litigious days, it probably shouldn`t be surprising that kids, when faced with the prospect of being suspended from school, try to claim the...
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Notice to parents when student is suspended from school for 10 days or less
By: Eric R. Herlan
Copyright ...
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New regulations address special ed discipline and expulsion
By: Eric R. Herlan, Esq.
Few things have been as long anticipated for school districts in Maine and the Nation as the release of the new special education regulations for IDE...
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Detentions, community service, calisthenics, and other forms of student discipline
By: Hugh G. E. MacMahon, Esq.
This article discusses several topics sometimes overlooked in materials that primarily focus on student disciplinary suspensions and expulsions. The...
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Wide-ranging new law targets violence in schools
By: Bruce W. Smith, Esq.
The Maine State Legislature has enacted a wide_ranging new statute that attempts to address dangerous behavior by students in the schools.1 The law...
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Exclusion of religious schools in Maine`s Tuition Program ruled constitutional
By: Hugh G. E. MacMahon, Esq.
In April of this year, the Supreme Judicial Court of Maine issued its decision in Bagley v. Raymond School Department,1 upholding the constitutional...
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Courts address student suicide
By: Melissa A. Hewey, Esq. and Deirdre M. Smith, Esq.
The suicide of a student often has devastating effects on the school community. Not only is the loss of a young life mourned but many wonder if more...
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Land, lobsters and lawyers: Accurate use of IRS Form 1099
By: Robert P. Nadeau, Esq.
Understanding IRS Form 1099 reporting requirements is critical for those officials who oversee school business offices. Business and government ent...
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Construction law note: Know your limitations (statutes, that is)
By: Christopher G. Jernigan, Esq.
The maintenance crew just can`t keep up with the ice and snow that collects on the roof each winter. The back corner of the parking lot turns into a...
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Ten-year-olds, taunting and Title IX: A formula for school district liability
By: Barbara L. Goodwin, Esq.
Many of our recollections of fifth grade are of foursquare and kickball, and of seemingly innocent teasing _ "Jack and Jill, sitting in a tree, K_I_...
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Parent complaints - is the customer always right?
By: Donald A. Kopp, Esq.
Most school boards have complaint policies. Typically a person bringing a complaint is required to attempt to resolve his/her problem as close to the...
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Mom says "Tomayto" and Dad says "Tomahto" - When parents disagree
By: Donald A. Kopp, Esq.
Background Time was, when Mom and Dad got divorced, one or the other was awarded custody of Junior (usually Mom) and that included the right to ma...
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Obtaining flexibility over the removal of coaches
By: Daniel J. Rose, Esq.
Of all the decisions made by superintendents or school boards, the removal or discipline of a coach often is the most controversial. Perhaps nothing...
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Reporting child abuse: When, who and to whom?
By: Amy K. Tchao, Esq.
One of the most important responsibilities of school officials is to investigate and take appropriate action whenever they become aware of informatio...
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Tax sheltered annuities: what employers need to know
By: Jessica Kaplan, Esq.
A Tax Sheltered Annuity Plan is a type of retirement plan, available only to employees of public educational organizations and certain tax exempt org...
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Sick leave banks: A negotiator`s reflections
By: Harry R. Pringle, Esq.
For years now, sick leave banks have been common in teacher collective bargaining contracts. Increasingly, they are spreading to support staff colle...
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Making the grade: Can schools deny diplomas to special education students?
By: Eric R. Herlan, Esq.
For a number of years now, the rules relating to diplomas for special education students have been relatively clear. With the passage of IDEA 1997, ...
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Schools should not ignore sexual orientation harassment
By: Bruce W. Smith, Esq.
In February of 1998, the voters of Maine narrowly defeated a law that would have prohibited discrimination based on sexual orientation in employment,...
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When must public schools reimburse parents for unilateral, out-of-district placements?
By: Eric R. Herlan, Esq.
The scenario is becoming more and more familiar throughout the State: a parent is upset with his or her special education child`s IEP. The parent wi...
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Who is a "qualified individual" with a disability?
By: Deirdre M. Smith, Esq.
Not all individuals with disabilities are protected against discrimination under the Americans with Disabilities Act. Rather, only those persons who...
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Special education settlement agreements pose challenges
By: Amy K. Tchao, Esq.
Imagine this scenario: the parents of a special education student, unhappy with their child`s public school IEP, request a due process hearing. Alt...
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BB guns are dangerous weapons!
By: Robert P. Nadeau, Esq.
Most readers now know that changes in the Individuals with Disabilities Education ("IDEA") authorize school officials to remove students from school ...
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Special education hearing officer addresses student danger
By: Eric R. Herlan, Esq.
How much risk is too much, and would justify placing a special education student out of school at least until a psychologist could review the amou...
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"SAYS WHO?" What happens when student informants refuse to testify?
By: Barbara L. Goodwin, Esq.
Student misconduct is often witnessed only by other students. Many times, these student witnesses are willing to come forward at disciplinary hearin...
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Reasonable accommodation: What does the ADA require of employers?
By: Daniel J. Rose, Esq.
More and more often schools are confronted with employee requests for reasonable accommodation for any number of disabilities. The determination of ...
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Superior Court addresses executive sessions with school board counsel
By:
In a very recent decision, a Maine Superior Court judge has ruled on the scope of permissible discussion with the school board`s attorney when enteri...
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Fall 1998

Support staff contracts must be negotiated with care
By: S. Campbell Badger, Esq.
Over the past several years, we have seen a growth in the number of collective bargaining units forming for support staff employees. School boards s...
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Labor Board rejects union discrimination claim
By:
The Maine Labor Relations Board recently rejected an educational technician`s claim that she had been fired because of her union organizing activity ...
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Labor Board issues first ruling on bargaining educational policy in support contracts
By: Bruce W. Smith, Esq.
In Litchfield Educational Support Personnel Assoc. v. Litchfield School Comm., MLRB No. 97_09 (July 13, 1998), the Labor Board recently issued its fi...
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Educational policy and grievance arbitration after S.A.D. No. 58: The tide is turning
By: Harry R. Pringle, Esq.
The passage of the municipal public employees labor relations law in 1969 marked a complete revolution in educational decision making in Maine. Befo...
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Student residency and enrollment issues remain complicated
By: Hugh G. E. MacMahon, Esq.
From time to time, school administrators encounter situations that present questions concerning the eligibility of school_age students to attend the ...
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Schools should consider policies on e-mail access
By: Barbara L. Goodwin, Esq.
With e_mail becoming a common mode of communication, more and more employers are providing e_mail access to their employees. Schools are no exceptio...
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Maine hearing officers show growing emphasis on IEP goals and objectives
By: Eric R. Herlan, Esq.
At least two recent Maine hearing officer rulings involving children with autism have placed much heavier emphasis on the measurability of goals and ...
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Developments in sexual harassment law have important implications for schools
By: Amy K. Tchao, Esq.
The United States Supreme Court decided a number of high profile sexual harassment cases at the end of the Court`s 1997_1998 term, each of which may ...
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Competitive bidding raises legal considerations for Maine schools
By: E. William Stockmeyer, Esq.
School units put out to bid a wide array of goods and services necessary to accomplish their mission to educate Maine students. Costly and time cons...
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Are gifted students entitled to special education? The debate
By: Donald A. Kopp, Esq.
Advocates are telling schools that learning disabled children with high IQs are entitled to special education even when their academic performance is...
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Is it time for preemptive expulsions?
By: Donald A. Kopp, Esq.
In military terms, preemptive strikes are aimed at disabling a foe`s ability to inflict serious injury when available information indicates that an a...
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"But it happened off school grounds - you can`t discipline me for that!"
By: Harry R. Pringle, Esq.
Consider these three factual scenarios: _ A principal approaches a group of students who appear to be involved with drugs and is threatened with b...
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"Schools need tools for predicting violence
By: Tim R. Rogers, Ph.D. and Bruce E. Chemelski, Ph.D.
Recent headlines have sensitized everyone associated with schools to the potential for school violence. In the past it has been possible to assume a...
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Detecting danger: random weapons searches in schools
By: Barbara L. Goodwin, Esq.
With the rash of violence and weapons_related incidents in schools, more and more local school units are considering whether to institute random sear...
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Schools should respond carefully to inquiries from the public concerning student violence
By: Hugh G. E. MacMahon, Esq.
One of the more perplexing aspects of incidents of student violence is the extent to which it is appropriate for school officials to inform members o...
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The First Amendment and student threats of violence
By: Amy K. Tchao, Esq.
With the prevalence of violence in public schools today and the recent events involving student shootings nationwide, Maine school administrators and...
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Policies should address school violence comprehensively
By: Bruce W. Smith, Esq.
As school administrators examine their existing policies in light of recent incidents of serious violence, they are realizing that they have signific...
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Trespass notices and protective orders can offer protection for schools and their employees
By: Daniel J. Rose, Esq.
An angry parent repeatedly calls the principal`s office threatening to "take care" of a teacher and the principal if the parent`s child is not treate...
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Policy drafting requires care
By: Bruce W. Smith, Esq.
Ed. Note: Bruce Smith gave a presentation on policy writing to attorneys for state school boards associations at the NSBA Council of School Attorney...
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Making the most of the grievance process: Suggestions for Superintendents and School Boards
By: Hugh G. E. MacMahon, Esq.
Grievance procedures in collective bargaining agreements are often viewed narrowly, as another employee benefit, a means whereby employees can seek r...
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Dealing with educational policy issues in negotiations: Some practical thoughts
By: Harry R. Pringle, Esq.
The recent Maine Supreme Court decision in the S.A.D. No. 58 case1 finally made clear what we have always thought to be the law: that school boards ...
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Maine Labor Relations Board issues new rulings
By: S. Campbell Badger, Esq.
Two recent Labor Relations Board rulings may prove instructive for school districts in the administration of their collective bargaining contracts. ...
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New Ruling broadens Section 504 and ADA
By: Eric R. Herlan, Esq.
A new ruling by our own federal First Circuit Court of Appeals has considerably broadened the scope of individuals covered as "disabled" under both S...
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Do school boards have academic freedom? Yes, they still do!
By: Donald A. Kopp, Esq.
One tends to think of academic freedom as possible rights possessed by teachers in opposition to school board authority. But what about a school b...
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Legislature says tutoring no longer required during short-term removals of special education students
By: Amy K. Tchao, Esq.
Maine special education regulations have long been interpreted to require school units to provide tutoring to identified special education students ...
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Legislature revises laws governing renovation, leasing and financing of school facilities
By: Richard A. Spencer, Esq.
In response to the findings of the School Facilities Inventory Study conducted by the University of Maine in 1996 and the recommendations of the 1997...
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Educational policy and academic freedom: An important decision for school boards
By: Donald A. Kopp, Esq.
The Book A Maine school board`s encounter with the book "Bastard Out Of Carolina" was portrayed as censorship, banning and even "shunning." When ...
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Revisions in IDEA may expand state agency obligations
By: Eric R. Herlan, Esq.
Important new changes in IDEA, as well as a Maine hearing officer ruling, Ellsworth Public Schools, 26 IDELR 1084 (Lenna 8/28/97), have raised once ...
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Inquiries about personnel matters require caution
By: Hugh G. E. MacMahon, Esq.
From time to time, superintendents and school board members receive inquiries from the media or members of the public concerning school personnel mat...
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Maine`s wage payment statute: Beware the vacation pay trap
By: Harry R. Pringle, Esq.
In past issues of the School Law Advisory 1 we havefrom time to time discussed the Draconian provisions of Maine`s wage payment statute, 26 M.R.S.A...
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Proposed IDEA regulations clarify rules for short-term removals
By: Amy K. Tchao, Esq.
The U.S. Department of Education has released proposed regulations for the 1997amendments to the Individuals with Disabilities Education Act ("IDEA ...
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Superior court agrees: Bad faith bargaining prevents imposing last best offer
By: S. Campbell Badger, Esq.
As many of you know, we reported in our Fall 1997 issue that the Maine Labor Relations Board had ruled that a school board cannot unilaterally impose...
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Fall 1997

MLRB finds last best offer implemented in bad faith
By: Harry R. Pringle, Esq.
In the Law Court`s historic decision in Mountain Valley Education Association v. Maine School Administrative District No. 43, 655 A.2d 348 (Me. 1995)...
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Recent hearing officer rulings clarify special education obligations
By: Eric R. Herlan, Esq.
After a period of time with very few official rulings, Maine hearing officers have released a series of rulings that provide helpful clarification on...
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Must schools disclose student addresses and phone numbers?
By: Donald A. Kopp, Esq.
Some schools may be surprised to learn that they have unwittingly designated student addresses and phone numbers as directory information under the F...
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Schools can determine if applicants are physically fit for duty
By: Daniel J. Rose, Esq.
The numerous legal restrictions on a school`s right to ask questions of job applicants have left many schools confused about how to assess an applica...
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Maine Labor Relations Board decides several significant cases
By: Hugh G. E. MacMahon, Esq.
M.S.A.D. No. 48 Teachers Association MEA/NEA and M.S.A.D. No. 48 Board of Directors, MLRB Case No. 97-UD-03 (December 23, 1996) In this case, the ...
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Supreme Court rules Religious Freedom Restoration Act unconstitutional
By: Hugh G. E. MacMahon
Law_weary superintendents returning to school this fall will be relieved to know that they now have one less federal statute with which to contend. ...
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Should schools notify the State when unable to provide services?
By: Eric R. Herlan, Esq.
Given the scarcity of certain types of special education services in certain regions, local school units often must address how to manage the unavail...
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Right-To-Know Handout
By: Harry R. Pringle
Several years ago, at the request of the Scarborough School Department, we prepared a document which could be given to citizens to acquaint them with...
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New immigration law means headaches for Maine schools
By: Edward J. Kelleher, Esq.
Foreign students attending Maine high schools enrich the social and cultural lives of Maine students and thus enhance our students` educational exper...
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High school publications held to violate advertisers` free speech rights
By: Harry R. Pringle, Esq.
A very recent decision of the First Circuit Court of Appeals considered a public high school newspaper and yearbook`s refusal to print advertisements...
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New Maine laws on special education: Some routine, some not
By: Eric R. Herlan, Esq.
The Maine Legislature has enacted a number of new laws relating to special education that are worth noting, although only a few are likely to have an...
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The North Haven injunction: Cause for concern or a red herring?
By: Donald A. Kopp, Esq.
Background The Island of North Haven is located in Penobscot Bay about an hour`s ferry ride from Rockland. The island`s one school instructs appr...
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OCR issues guidelines on student-to-student harassment
By: Amy K. Tchao, Esq.
The U.S. Department of Education`s Office for Civil Rights ("OCR") recently issued helpful guidelines for school officials on what constitutes sexual...
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Organizing for electric power deregulation: What`s at stake for Maine schools?
By: E. William Stockmeyer, Esq.
Individually and collectively, Maine school systems pay a large electrical bill. As the electrical industry deregulates, a key issue is how Maine sc...
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Half-true references may backfire!
By: Harry R. Pringle, Esq.
Two months ago, just as our last issue went to press (School Law Advisory, Winter 1997 issue, page 14) the California Supreme Court decided a prece...
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And you thought you have insurance? Gaps in school insurance coverage
By: Donald A. Kopp, Esq.
School insurance typically includes both a general liability and an educator`s legal liability policy. General liability policies insure against lia...
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Disability harassment can create hostile learning environment and legal troubles
By: Eric R. Herlan, Esq.
Schools have become more and more aware that they can face possible law suits for claims that teachers have sexually harassed students, or even in ca...
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Act now to avoid hiring high-risk employees
By: Daniel J. Rose, Esq.
Schools face an ever growing number of allegations of sexual harassment and sexual abuse. In response to this reality, schools are renewing their fo...
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Retirement system lawsuit on appeal
By: Bruce W. Smith, Esq.
The Legislature made sweeping cost_saving changes to the Maine State Retirement System in 1993 that adversely affected many members` future retiremen...
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Arbitrator enforces Master`s Degree requirement
By:
An arbitrator has ruled that the Brunswick School Committee did not violate its collective bargaining agreement when it refused to grant two teachers...
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Law opens school doors to home-schooled children
By: Bruce W. Smith, Esq.
In its last session, the Legislature enacted a new law that will revolutionize the relationship between students receiving home instruction and the p...
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Is a child`s lack of friends the responsibility of special education?
By: Donald A. Kopp, Esq.
The concept of "educational performance" is critical in special education eligibility determinations. Only if a student has one of the thirteen defi...
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Maine court rules that inability to get along with colleagues at work is NOT a disability
By: Daniel J. Rose, Esq.
In a recent decision by the Federal District Court for the District of Maine, the Court denied an employee`s claim that he was discriminated against ...
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Identification of students with ADD under IDEA and Section 504
By: Amy K. Tchao, Esq.
With what seems to be increasing frequency, school_aged children are being diagnosed as having Attention Deficit Disorder or ADD. As a result, it is...
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Evolving standard for out-of-unit placements requires adjustments
By: Eric R. Herlan, Esq.
We recently reported to you on the case of Greenbush v. Mr. and Mrs. K, No. 95_199_B (D. Me. Dec. 30, 1996), in which the United States District Cour...
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California Supreme Court rules on employee reference case
By:
In past School Law Advisory articles, we have highlighted the increasing tendency of courts to find liability in cases where employers have given ref...
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Biddeford ruling upholds school board procedural rules
By: Bruce W. Smith, Esq.
The Maine Supreme Court has ruled that the Board Chairman`s veto of a vote by the Biddeford Board of Education to ratify a three_year teacher collect...
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Fall 1996

School board legal liability insurance - do you know if you are covered?
By: Harry R. Pringle, Esq.
Given the legal risks faced by school districts these days, I simply would not serve as a school board member or superintendent without adequate liab...
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Tuition/transfer students present interesting challenges
By: Eric R. Herlan, Esq.
Most superintendents have students who are attending their schools under either tuition or transfer agreements without any difficulty at all, and in ...
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Arbitrator issues ruling on educational policy and academic freedom
By: Donald A. Kopp, Esq.
The Book "Bastard Out of Carolina" by Dorothy Allison is critically acclaimed. But it includes explicit sexual passages including a rape scene and d...
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Recent developments in employment law
By: Daniel J. Rose, Esq.
This past year has seen significant activity in the employment arena by courts in Maine. While there have been no major new employment statutes, emp...
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Past practice leads arbitrator to reject longevity pay
By: Eric R. Herlan, Esq.
In a recent arbitration ruling, Gardiner Teachers Association and MSAD #11 Board of Directors (Irvings Sept. 6, 1996), the arbitrator relied heavily ...
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Are student religion clubs exempt from non-discrimination rules?
By: Donald A. Kopp, Esq.
Emily Hsu and her brother sought permission to form a Bible club at Roslyn High School in Roslyn, New York. Although their Walking On Water club wou...
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Arbitrator rules extracurricular grievance not arbitrable
By: Hugh G. E. MacMahon, Esq.
In a recent arbitration case, Durham Teachers Ass`n. and Durham School Committee (Arbitrator John C. Alfano, April 24, 1996), the arbitrator ruled th...
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School Construction DOs and DON`Ts
By:
School construction projects can be difficult for school officials, for the simple reason that school officials, unlike architects and contractors, a...
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Fall 1995

Schools must be careful about disputes with employees over wages
By:
Disputes with em ployees over how much money they are owe d can resu lt in significant liability for schools. Courts may award employees who claim th...
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Court holds supervisors are not subject to individual liability under discrimination laws
By:
In Quiro n v. Vio lette Company, Inc., 879 F. Supp. 18 (D. Me. 1995), the United States District Co urt for the D istrict of Ma ine held th at superv...
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Supreme Court decides firearm and drug testing cases
By:
In its 1994_95 term, the U.S. Supreme Court issued two decisions of particular interest to public school officials: U.S. v. Lopez 1 (holding that th...
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OSEP attempts to add clarity in the area of student discipline - Maine lags behind
By: Eric R. Herlan, Esq.
Perhaps the major issue to confront schools in Maine and nationally over the past few years is how to maintain safe and orderly schools that are cond...
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Supreme Court and President address schools and religion
By: Donald A. Kopp, Esq.
Supreme Court on graduation prayer In the Spring, 1995 issue of the School Law Advisory, Hugh MacMahon described conflicting federal court of appe...
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Courts emphasize broad view of extended school year services
By: Eric R. Herlan, Esq.
The obligation of schools to provide extended school year services ("ESY") to students with disabilities got a slow start in court rulings, but has b...
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Legislature establishes moratorium on law requiring public employers to pay costs of early retirement incentives
By: Hugh G. E. MacMahon, Esq.
By enactment of an emergency Resolve, effective June 28, 1995, the Maine Legislature established a moratorium on implementation of the statute (5 M.R...
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Legislature enacts new special education law
By: Amy K. Tchao, Esq.
School units should be aware that the Maine Legislature recently enacted a law governing a special education student`s eligibility to participate in ...
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Schools should plan carefully for job interviews
By: Daniel J. Rose, Esq.
There is perhaps no more important facet of the hiring process than interviewing an applicant. Unfortunately, while interviews provide schools with ...
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The budget aftermath: Lessons to take with us
By: E. William Stockmeyer, Esq.
The recent pressures on school budgets, both economic and political, show no signs of easing immediately. With that in mind, and with fiscal `96 bud...
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When one parent asks for school records and the other parent objects
By: Donald A. Kopp, Esq.
Schools frequently are asked for copies of a student`s educational records by a parent with whom the child does not reside. When a school receives s...
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Parental hostility cases plague Maine and the nation
By: Eric R. Herlan, Esq.
Parental hostility cases in Maine and elsewhere continue to raise deep questions about what is the intended purpose of the Individuals with Disabilit...
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Teacher suspensions upheld by arbitrators
By:
In two recent decisions, arbitrators sustained suspension of teachers without pay for misconduct. In one case, the arbitrator upheld the discipline ...
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Collective bargaining developments: Recent decisions of the Supreme Judicial Court of Maine
By: Hugh G. E. MacMahon
This past year, the Supreme Judicial Court issued three decisions that clarify the rights and obligations of school boards in the collective bargaini...
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Must schools modify grades for disabled students? -or- Is there a right to watered-down grades?
By: Eric R. Herlan, Esq.
School administrators and teachers are often pressed by parents of disabled students to modify the grades those students receive because they are dis...
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Exploring the limits of a public school`s obligations toward private school students
By: Amy K. Tchao, Esq.
Few issues in special education are as challenging and confusing as determining when a public school has the responsibility to provide special educat...
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Schools should follow appropriate procedures when expelling students
By: Daniel J. Rose, Esq.
With the recent focus on weapons, violence, and drugs in the schools, more and more schools in Maine are finding themselves in the position of expell...
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Courts of appeals rule for schools on evaluations, medical services
By: Eric R. Herlan, Esq.
Two important Courts of Appeals have ruled in favor of schools and reversed earlier District Court decisions on the issues of school evaluations and ...
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References: silence isn`t always golden!
By: Bruce W. Smith, Esq.
Two recent court decisions illustrate how employers may be caught between a rock and a hard place when asked to give references for a former employee...
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Court of appeals recognizes damages under IDEA
By: Eric R. Herlan, Esq.
Most schools are now aware that parents can obtain orders for compensatory education under the Individuals with Disabilities Education Act ("IDEA"), ...
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Employees of some private subcontractors may be considered school employees for collective bargaining purposes
By: Donald A. Kopp, Esq.
Nearly twenty years ago, during labor negotiations with school bus drivers, the Augusta School Department contracted out its transportation operation...
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Employees of some private subcontractors may be considered school employees for collective bargaining purposes
By: Donald A. Kopp, Esq.
Nearly twenty years ago, during labor negotiations with school bus drivers, the Augusta School Department contracted out its transportation operation...
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Condom availability programs in the public schools
By: Hugh G. E. MacMahon, Esq.
Condom availability programs in the public schools continue to generate considerable controversy. Some view those programs as an important means of ...
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May religious clubs meet during the school day?
By: Donald A. Kopp, Esq.
Enacted in 1984 to prevent discrimination against student religious activities, the Equal Access Act (EAA) applies to all public secondary schools re...
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Educators can only make "fair use" of copyrighted material
By: Daina J. Nathanson, Esq.
Educators use the work of others to teach. The ready accessibility of the photocopier presents an easy means for copying helpful educational materia...
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GED program graduation and school attendance thereafter
By:
Most school districts realize that students have a right to attend public school up through graduation, or through the school year in which they turn...
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Risks of Internet access are unclear
By: Bruce W. Smith, Esq.
Perhaps the most distinguishing characteristic of the internet is that no one person or entity has any control over the content of communications tha...
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Arbitrator rules on "just cause" and coaches
By: Hugh G. E. MacMahon, Esq.
Over the past several years arbitrators in Maine have issued conflicting decisions on the question whether a "just cause" provision in a teacher coll...
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The `net comes to school: How to write a policy for Internet in the classroom
By: Edward J. Kelleher, Esq.
Maine`s schools are going "on_line." Classroom internet connections offer tremendous opportunities for Maine students, giving them almost instant ac...
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Do students have a religious freedom to bring weapons to school?
By: Donald A. Kopp, Esq.
A central tenet of the Khalsa Sikh religion is to require the faithful to wear a knife known as a kirpan. The Livingston Union School District in Li...
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Court of Appeals limits public school`s obligations to private school students with disabilities
By: Amy K. Tchao, Esq.
In an important decision for public school districts, a federal Court of Appeals recently ruled that IDEA does not require a public school to provide...
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Dangers of disability-related pre-employment inquiries
By: Daniel J. Rose, Esq.
Many of the discrimination lawsuits brought by unsuccessful job applicants are based on interview questions that are prohibited under federal and sta...
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Cooperative agreements offer opportunities for consolidating school activities
By: E. William Stockmeyer, Esq.
Maine statute authorizes local governmental units to consolidate operations and services by entering into cooperative agreements with each other. Wh...
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Schools should note limits on tax-sheltered annuities
By: Jessica S. Kaplan, Esq.
Section403(b) of the Internal Revenue Code allows eligible employers to provide tax sheltered annuities for their employees. This considerable benef...
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Schools may need to meet special dietary needs
By: Eric R. Herlan, Esq.
For students with disabilities, schools may need to provide specialized foods for lunch if necessary to address the special dietary needs for those s...
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DHS, the police and the schools: Investigating employee misconduct
By: Harry R. Pringle, Esq.
Few things are more difficult and trying for a school administrator than dealing with employee misconduct issues, especially when student abuse is in...
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Court reviews less restrictive alternatives before ordering dangerous student out of school
By: Eric R. Herlan, Esq.
The Eighth Circuit Court of Appeals took inclusive programming to new heights when it recently ruled that it would not order a dangerous student out ...
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Single sex classes garner national attention
By: Amy K. Tchao, Esq.
The national media recently have focused on the use of single-sex classes in public schools to overcome perceived difficulties females are having in ...
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Section 504 presents tough referral issues
By: Eric R. Herlan, Esq.
Most school districts in Maine are facing a sharp increase in requests for services for students with disabilities under Section 504 of the federal R...
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Prayers at Graduation: The Continuing Controversy
By: Hugh G. E. MacMahon, Esq.
Two years ago, in the case of Lee v. Weisman, the Supreme Court held that public school officials are prohibited by the Constitution from inviting me...
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Construction projects must be adequately insured
By: Barbara L. Krause, Esq.
What happens if your new school building burns down halfway through construction? What happens if one of the contractor`s employers is injured on th...
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Early retirement incentives may result in large financial liabilities
By: Bruce W. Smith, Esq.
Cost estimates provided recently by the Maine State Retirement System indicate that school units that pay retirement incentives to early retirees wil...
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Schools should take care when retaining "independent contractors"
By: Daniel J. Rose, Esq.
Schools face an ever-growing number of legal obligations, administrative burdens and costs associated with hiring and maintaining employees. These o...
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Procurement bidding for schools
By: E. William Stockmeyer, Esq.
School units put out to bid a wide array of goods and services necessary to accomplish their mission to educate Maine students. Costly and time cons...
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More on Family and Medical Leave
By:
The Federal Family and Medical Leave Act of 1993 has proven to be more difficult to comply with than initially expected. Final regulations promulgat...
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Schools must test drivers for alcohol and drugs
By: Bruce W. Smith, Esq.
Most Maine school units will be required to begin drug and alcohol testing of bus drivers starting January 1, 1996 (units with 50 or more drivers wer...
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"I WANT MY UNION REPRESENTATIVE!" What are Weingarten rights, anyhow?
By: Harry R. Pringle, Esq.
It is a common scenario which every administrator has encountered: You need to talk to an employee about a disciplinary matter, and the employee is ...
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Environmental complaints must be treated with care
By: Daniel J. Rose, Esq.
Schools are facing an increasing number of complaints about workplace environmental issues. In particular, there appears to be an increase in compla...
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Beware of pitfalls in transportation contracts
By: E. William Stockmeyer, Esq.
Many school units are finding that contracting out pupil transportation services can save money. School units that hire independent contractors to t...
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Discipline of students for off-premises misconduct
By: Hugh G. E. MacMahon, Esq.
The extent of the authority of school officials to discipline students for misconduct that takes place off school premises has been the subject of li...
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Relevant Supreme Court Decisions
By:
Terrence Hughes v. University of Maine, Dec. No. 7109 (January 11, 1995) The Issue: May a union member sue his employer on a matter governed by a...
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State Board tightens school construction rules
By: E. William Stockmeyer
All superintendents should be aware that the State Board of Education has revised its Rules for School Construction Projects. This article briefly s...
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Preventing and responding to claims of employment discrimination
By: Barbara L. Krause, Esq.
School units are undoubtedly aware that numerous federal and State of Maine laws prohibit discrimination in employment based on race, color, religion...
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Lease purchase a school bus garage
By: E. William Stockmeyer, Esq.
Most lease purchase transactions by schools involve equipment, not real estate. This is because the financing of buildings and lands is a school con...
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Fall 1994

Student dress codes becoming more popular
By: Barbara L. Krause, Esq.
Issues relating to personal grooming and appearance used to be matters of personal choice which were left to students and their parents or guardians....
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School law year in review: A review of some important cases
By: Harry R. Pringle, Esq.
Introduction The last twelve months have seen a number of important legal developments of which superintendents and school board members should be...
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Collective bargaining update: The ongoing saga of post-expiration step increases and other issues
By: Bruce W. Smith, Esq.
Two of the most fundamental issues affecting the balance of power in collective bargaining between school boards and school employees are now pending...
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What`s new in sexual harassment?
By: Barbara L. Krause, Esq.
During the summer and fall of 1991, the country was inundated with news of the confirmation hearings related to Clarence Thomas` nomination to the Su...
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A streamlined approach to tax-exempt equipment leases
By: E. William Stockmeyer, Esq.
This article outlines a streamlined, step_by_step approach to help school superintendents and business managers complete tax_exempt lease purchases o...
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Discipline of special needs students on buses
By: Eric R. Herlan, Esq.
There are special rules that apply to disciplining students with disabilities on buses, just as there are special rules that apply to those students ...
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First Circuit orders compensatory education
By: Eric R. Herlan, Esq.
The First Circuit Court of Appeals has finally made clear in this jurisdiction that an identified student with disabilities can obtain compensatory e...
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Past Practice: What it is, what it isn`t, and how to change it
By: Harry R. Pringle, Esq.
There is probably no more misused term in labor relations than "past practice." All too often, when a school system proposes to improve old ways of d...
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Schools must pay attention to provisions for extracurricular positions
By: Barbara L. Krause, Esq.
Many school units assume that "just cause" language in a contract applies only to the core teaching contract and not to side contracts for coaching o...
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Commission holds schools responsible for sexual harassment of students by students
By: Bruce W. Smith, Esq.
If recent decisions of the Maine Human Rights Commission are any indication, school administrators and teachers will need to take a more active role ...
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Schools must keep records for varying time periods
By: Daniel J. Rose, Esq.
A myriad of state and federal laws contain recordkeeping requirements that pertain to school administrative units. The recordkeeping requirements ca...
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Goals 2000 legislation regulates student surveys, weapons, smoking
By: Bruce W. Smith, Esq.
The "Goals 2000 Educate America Act" that became effective on March 31, 1994 is a lengthy piece of legislation designed to promote educational refor...
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Court permits Halloween celebrations
By: Bruce W. Smith, Esq.
Some parents have challenged the celebration of Halloween in public schools on the basis that such symbols as witches, cauldrons and brooms have reli...
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Maine`s Principal Employment Statute: Practical reflections after three years
By: Harry R. Pringle, Esq.
Having been involved with Maine School Management Association in the legislative process which lead to the enactment in 1991 of 20_A M.R.S.A. __ 1330...
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Schools must move carefully in discharging employees unable to work
By: Daniel J. Rose, Esq.
When an employee is out of work indefinitely as a result of a work_related injury, schools often must face the costs of hiring long_term substitutes,...
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Closing a school for economic reasons
By: E. William Stockmeyer, Esq.
One decision that school units with shrinking resources may face is whether to close a school. In Maine, a school closing may occur in three circums...
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Section 504 broadly impacts public schools
By: Eric R. Herlan, Esq.
Until recently, Section 504 of the Rehabilitation Act has drawn little attention from public schools, which have focused most of their efforts on com...
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Schools should know when to withhold payments on school construction projects
By: Barbara L. Krause, Esq.
Making the right decision about payments on construction projects is of critical importance to the school unit, which is the owner of such a project....
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Effective means of resolving conflicts in the workplace
By: Roger P. Kelley
Negotiations are a part of every employer`s work day, and a thorough framework for thinking about negotiations can contribute to your ability to make...
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Investigation of abuse of students by school employees
By: Hugh G. E. MacMahon, Esq.
One of the most important responsibilities of school administrators is to investigate and take appropriate action concerning allegations of abuse of ...
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Family and Medical Leave Law imposes complex requirements
By: Bruce W. Smith, Esq.
The federal Family and Medical Leave Act (FMLA) is simple in concept but complex in application. This article will review a few of the federal law`s...
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Student DNR orders pose serious risks
By: Eric R. Herlan, Esq.
Maine has recently received national attention arising out of the growing number of Maine parents who are requesting that schools comply with doctor_...
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Legislature addresses guns in school
By: Hugh G. E. MacMahon, Esq.
The Maine Legislature recently added two provisions to the student expulsion statute dealing with firearms and other dangerous weapons. Under the st...
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Supreme Court decides sexual harassment standard
By: Bruce W. Smith, Esq.
The United States Supreme Court has decided that an employee who claims that sexual harassment in the workplace has created a "hostile work environm...
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Student refusals to access special ed services present schools with potential risks
By: Eric R. Herlan, Esq.
Every school has faced some version of the following problem: A special education student has been refusing to attend school for an extended period ...
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Churches may have free speech rights in schools
By: Hugh G. E. MacMahon, Esq.
In the case of Lamb`s Chapel v. Center Moriches Union Free School Dist., the Supreme Court recently decided that a school district violated the "free...
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Supreme Court explains residential placement option
By: Eric R. Herlan, Esq.
A recent decision by the United States Supreme Court in the case of Florence County School Dist. v. Carter has left many school districts concerned a...
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Avoid involvement in family disputes
By: Bruce W. Smith, Esq.
It is two o`clock on a Friday afternoon. Johnny, a first grade student in your elementary school, is scheduled to board the bus home at 2:10 p.m. J...
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Federal agency addresses use of interpreters at school meetings
By: Eric R. Herlan, Esq.
The federal Office for Civil Rights, which interprets both the Rehabilitation Act and the Americans with Disabilities Act in the public school contex...
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Summer 1993

Acquisition of land presents complex issues
By: E. William Stockmeyer, Esq.
Real estate acquisition is a two_step process. First, the school unit must acquire the right to buy the proposed school site. This generally is acco...
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Construction contracts may need modifications
By: Daniel J. Rose, Esq.
An integral part of a school construction contract is called the General Conditions of Contract. Schools often do not carefully review the General C...
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Schools should consider using prequalification bid standards
By: Daniel J. Rose, Esq.
Any contract for construction or alteration of school buildings that involves a cost of more than $100,000 must be awarded by competitive bids. Often...
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Project bonds provide schools with protection
By: Barbara L. Krause, Esq.
Bonds are a type of insurance designed to make sure that construction projects get completed (performance bonds) and that subcontractors and suppliers...
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Oversight of the construction process demands active participation by the owner
By: Barbara L. Krause, Esq.
While construction is taking place, the Owner must take personal responsibility for ensuring that the work is proceeding satisfactorily. This often p...
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Formal dispute resolution can be costly and time consuming
By: Barbara L. Krause, Esq.
Despite everyone_s best intentions, disputes will arise in every construction project. In many cases, the problems can be resolved informally during ...
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School construction finance for school units
By: Richard A. Spencer, Esq.
Although more and more school units are involved in building or renovating schools, the school construction process remains complex and, at times, con...
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School Construction DOs and DON’Ts
By:
School construction projects can be difficult for school officials, for the simple reason that school officials, unlike architects and contractors, a...
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Teacher layoffs require careful planning
By: Harry R. Pringle, Esquire
The elimination of teaching positions in Maine school systems is unfortunately becoming all too common. As budgetary pressures continue to increase,...
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Schools can remove dangerous special education students
By: Eric R. Herlan, Esquire
School administrators are often concerned that when a violent fight breaks out in school, a bomb threat occurs, or some other dangerous situation, th...
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School construction planning contains pitfalls
By: Barbara L. Krause, Esquire
Most school units do not have the luxury of being able to build new schools with any type of regularity. As a result, the school unit is frequently ...
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Compliance Coordinator should organize ADA self-evaluation
By: Daniel J. Rose, Esquire
The Americans with Disabilities Act ("A.D.A.") and Section 504 of the Rehabilitation Act ("Section 504") prohibit public schools from discriminating ...
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Allegations of employee misconduct should be investigated carefully
By: Bruce W. Smith, Esquire
An unpleasant but important part of a school administrator`s job is to investigate and act on allegations of employee misconduct. Two important prin...
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Problem Solving Bargaining: Possible alternative to traditional bargaining
By: Roger P. Kelley
Labor negotiations are traditionally viewed as power politics -- each side directs the power at its disposal toward the other, in the hope of extracti...
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Limits recognized in public school`s duty to serve disabled students in private schools
By: Eric R. Herlan, Esquire
Schools constantly face requests to provide special education services to students who have been placed by their parents in a private school or who a...
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Maine court rules on special education attorney fees
By: Eric R. Herlan, Esquire
Schools constantly face requests to provide special education services to students who have been placed by their parents in a private school or who a...
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Hatch Amendment limits what schools can require of students
By: Daniel J. Rose, Esquire
On occasion, parents demand that schools allow their children to opt out of certain classes because they object to the subject matter being discussed...
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Reduction in Force Tips
By: Bruce W. Smith, Esquire
Many school units are in the unfortunate position of making reductions in force (RIF). The following is a brief list of some points to keep in mind ...
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Courts allow athletic codes of conduct
By: Hugh G. E. MacMahon, Esquire
Although the Supreme Judicial Court of Maine has not addressed the validity of extracurricular eligibility requirements and restrictions, we believe...
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School district liability for employee sexual abuse: Coming Constitutional claims
By: Harry R. Pringle, Esquire
Take this fictionalized version of an actual case last year in a Maine school district: a male student, by then a senior in high school, told his gu...
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New federal law expands family medical leave
By: Bruce R. Smith, Esquire
The Federal Family and Medical Leave Act of 1993, signed by the President on February 5, 1993, will expand the family and medical leave benefits that...
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Fall 1992


ADA Requires Accommodation of Employees with Disabilities
By: Bruce W. Smith
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Spring 1992

Schools Need Carefully Drafted Publication Policies
By: Bruce W. Smith, Esq.
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Arbitrator Upholds School Board Decision to Promote Less Senior Applicant
By:
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Regulations Provide Guidance on PET Decision making
By: Eric R. Herlan
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Court Rules Suspended Hockey Player Received Due Process
By: Hugh G. E. MacMahon
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Raising Supplemental Funds with Nonprofit Corporations
By: John S. Kaminski
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Employers Face Both State and Federal Prohibitions on Employment Discrimination
By:
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Laws Limit Lie Detector
By:
Both federal and Maine law provide protection to employees and prospective employees with regard to polygraph tests. Maine's Polygraph Examiners Act...
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State Law Addresses the Use of Physical Examinations
By:
Employers may require pre-em ploym ent ph ysicals, b ut care should be tak en in d oing s o. The Maine Human Rights Act regulations state that when p...
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Fall 1991


Superior Court Rules on Challenge To State Special Ed Regulations
By: Eric R. Herlan
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Interest Arbitration Panel Issues Award in Health Insurance Dispute
By:
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School Units Have Options When Member Towns Default on Scheduled Payments
By: Barbara L. Krause
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Serving Alcohol on School Premises Poses Liability Risks
By:
Some schools have occasionally permitted alumni groups to hold reunions on school property at w hich alcoholic beverages are serv ed and consumed by ...
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Superior Court Rules High School Yearbook a Public Record
By:
In a recent decision o f interest to Maine sch ool officials, the Maine Superior C ourt (Justice Chand ler) ruled that a high sch ool yearboo k (1) i...
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Locker Room Supervision - Sex as a Bona Fide Occupational Qualification
By:
In a recent arbitration decision of state-wide interest, an arbitrator upheld the authority of school officials to assign physical education teachers...
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Supreme Court limits union "fair share" provisions
By: Hugh G. E. MacMahon
Public employees who chose not to join a union may not be required to pay the union for the cost of certain union activities, according to the United ...
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Court Upholds Church Use of School Facilities
By:
In light of a rec ent decision o f the Fir st Circu it Cou rt of Appeals, Grace Bible Fellowship, Inc. v. M aine School Administrativ e District No. ...
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Arbitrator Corrects Typo in Agreement, Addresses Past Practice
By: Bruce W. Smith
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Court Upholds Superintendent’s Authority to Maine Bus Transportation
By:
A Maine Superior Court upheld the decision of a superintendent and school board to refuse to provide doorto- door bus transportation to elementary sc...
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Teacher Job Actions are Generally Illegal
By: Harry R. Pringle
Occasionally, when a new school year has started without a contract and collective bargaining has bogged down, teachers associations announce that the...
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Legislature Expands Benefits under Family Medical Leave Act
By:
The Maine Legislature has recently expanded the number of work weeks available for family medical leave from 8 to 10 weeks. The new provision, 1991 P...
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Legislature amends wage payment statute Medical Leave Act
By:
Maine law requires that an employee leaving employment be paid in full within a "reasonable time" after demand at the payroll office. 26 M....
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Maine Legislature Expands Application of Video Display Terminal Law
By: Barbara L. Krause
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Spring 1991

Constitutional Limits on Graduation and Baccalaureate Ceremonies
By: Daniel J. Rose
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Legislature to pass Principal Employment Statute
By: Harry R. Pringle
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Winter 1991

Schools Should Carefully Draft Substance Abuse Policies and Procedures
By: Daniel J. Rose
Many schools are creating or rewriting substance abuse policies in response to the growing number of students who suffer from alcohol or substance abu...
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Arbitrator Requires School to Grant Paid Sick Leave to Teachers During Outbreak of Fifth Disease
By: Barbara L. Krause
A recent arbitration decision interpreting the sick leave provision of a collective bargaining agreement (Arbitrator Kennedy, AAA #11-390-0120-90) sug...
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Congress Amends Section 504 of Rehabilitation Act to Alter Obligations to Chemically Dependent Students
By: Eric R. Herlan
Congress has recently amended the federal Rehabilitation Act (section 504) so that persons currently using drugs are no longer considered to be handic...
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Non-Renewal of Continuing Contract Teachers Must Take Place by End of February
By: Bruce W. Smith
Superintendents considering nonrenewal of teacher contracts this year are reminded that the statutory deadline for nonrenewal of contracts of teachers...
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Summer 1990

Arbitrator Rules that Teacher Returning From Leave can be Reassigned
By: Bruce W. Smith
An arbitrator has ruled that the superintendent did not violate the collective bargaining agreement when he reassigned a teacher who had previously ta...
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School Alterations Require Permit From Commissioner of Public Safety
By: E. William Stockmeyer
School administrators planning alterations to existing schools, as well as construction of new schools, m ust be aw are of the n eed to acq uire a ma...
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Attendance Policies With Academic Penalties Should Withstand Legal Challenge
By: Eric R. Herlan
Many Maine school districts have adopted student attendance policies that include academic penalties in response to a certain number of absences from ...
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Cash Flow Borrowing May Yield Financial Advantages For School Districts
By: Richard A. Spencer and William R. Britton, Jr.
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Summer 1989

State and Federal Requirements for Recordkeeping in Connection with Employment Decisions
By:
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Winter 1970

Education Commissioner issues First Ruling Interpreting School Board Conflict Statute
By:
Education Commissioner issues First Ruling Interpreting School Board Conflict Statute The Department of Educational and Cultural Services has recen...
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An Introduction To School Construction Finance
By:
Superintendents and school boards are under increasing pressure to construct or to renovate and expand school facilities in response to increasing enr...
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An Overview of Recent Federal Law on Asbestos in Schools an Introduction to AHERA
By:
In 1986, Congress enacted the Asbestos Hazard Emergency Response Act (AHERA). This law requires most public and nonprofit private secondary and eleme...
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Paying Health Insurance Premiums With Pre-Tax Dollars
By:
The rapidly escalating cost of group health insurance is causing many employers, in both the private and public sectors, to pass on to their employees...
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Maine Supreme Court Decides Teacher Retirement Case
By:
On August 8, 1989 the Maine Supreme Court clarified the meaning of "earnable compensation" for teachers under the Maine State Retirement System. In L...
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Supreme Court Reaffirms School Boards` Hiring Authority
By:
The Maine Supreme Judicial Court decided a case earlier this month that reaffirms the exclusive authority of school boards and superintendents to make...
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Drug Testing of Employees Strictly Limited by New Statute
By:
A complex statute limiting employers` discretion to require employees to undergo drug testing will be effective on January 1, 1990. The statute appli...
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State Law Mandates Leave for Illness In the Family, Childbirth
By:
A ground-breaking, but little known state law enacted in 1987 requires employers to grant employees up to eight weeks of unpaid leave from work for an...
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New Law Will Make It Easier To Combine Bargaining Units
By:
The Legislature enacted a new statute this year that will make it easier for bargaining units within the same school unit to combine to form larger ba...
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Withholding Pay From Employees: A Trap For The Unwary School District
By:
A common inquiry from school officials is whether a school district can withhold money from an employee`s wages to cover property damage, lost tools, ...
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Superior Court Rules Superintendent Applications Confidential
By:
In a decision of significance for all Maine schools boards, the Superior Court recently ruled that materials submitted by applicants for school employ...
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Labor Board Limits Employers` Discretion
By:
The Maine Labor Relations Board issued two decisions earlier this year that limit the authority of employers to take unilateral action affecting emplo...
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Important Reminder: Section 13201 Now Requires Probationary Teacher Notification by May 14th
By: Harry R. Pringle
For may years, Maine law has provided a three-step process governing the employment (and hence the nonrenewal) of probationary teachers. Unlike contin...
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Special Education Law: Disciplining The Dangerous Student
By: Eric R. Herlan
In 1988, the United States Supreme Court ruled that the procedural requirements of the Education for All Handicapped Children Act (EHA) govern suspens...
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COURT UPHOLD TEACHER DISMISSAL FOR OFF PREMISES SEXUAL ASSAULT
By: Barbara Krause
The Maine Supreme Judicial Court has recently upheld a teacher dismissal under 20-A M.R.S.A. _ 13202. The case, Elvin v. City of Waterville, No. KEN-...
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MEDICAID FUNDS AVAILABLE FOR SPECIAL EDUCATION COSTS
By: Eric R. Herlan
Medicaid is a federal program created to help low income persons, the elderly, and other groups fund the costs of medical and rehabilitative care. Fo...
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Maine`s School Closing Law: A Statute in Need of Revision
By: E. William Stockmeyer
In 1983, the Maine Legislature enacted a school closing law, which governs the closing and disposition of "school buildings" by school administrative ...
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School Boards May Delegate Decisions on Employment and Termination of Nonprofessional Employees
By: Harry R. Pringle
We often recommend to our school clients that they should consider delegating employment decisions regarding nonprofessional employees to the superint...
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Legality of Fees for Extracurricular Activities is Uncertain
By:
Faced with fiscal constraints and increasing costs of extracurricular activities, school officials may want to consider the adopting policies which re...
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Schools Struggle with Special Education Independent Evaluations
By: Eric R. Herlan
Under state and federal special education regulations, parents of exceptional children have a right in certain circumstances to an independent evaluat...
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School units must conduct general equity training
By:
As part of a school administrative unit`s obligation to develop an affirmative action plan, a school unit must conduct in-service training on gender e...
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"FORE!" Supreme Court Declares What Golf Is
By: Eric R. Herlan, Esquire
In an important ruling for those who follow both the Americans with Disabilities Act ("ADA") and Section 504, the Supreme Court has issued a...
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