Maine Immunization Law Could Collide with Special Education

By: Eric R. Herlan

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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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Reconciling School Choice with Disability Rights

By: Gerald M. Zelin

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Remembering Hugh MacMahon

By: School Law Group

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2019 Legislative Roundup

By: Elek A. Miller, Kathleen E. Landis

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Law Requiring Reports of Educator Investigations Clarified

By: Michael L. Buescher

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2019 Legislative Roundup: New Laws on School Finance and Organization

By: Agnieszka A. Dixon

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Statutory Changes in the Collective Bargaining World

By: S. Campbell Badger

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New Requirements for Addressing Dangerous Student Behavior

By: Isabel B. Ekman

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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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Lessons from Spygate: DOE Guidance on School Bus Procurement

By: Greg Im

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When Can Law Enforcement Review Student Records?

By: Peter C. Felmly

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Understanding Tax Exempt Lease Purchasing: “What’s Really Going on Here?"

By: E. William Stockmeyer

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Transgender Rights: Same Law, New Era

By: Laura J. O'Neill

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Staff Departures Create Special Education Nightmares

By: Penelope Wheeler-Abbott

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DIY Negotiations

By: Tom Trenholm

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Record Retention FAQs

By: Ann S. Chapman, Isabel B. Ekman

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Special Education Up to Age 22? Incoming!!!

By: Eric R. Herlan

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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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Time to Update Your Local Wellness Policy

By: Kimberly A. Pacelli, Elek A. Miller

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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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First Circuit Expands FAPE Obligation to Age 22

By: Isabel B. Ekman

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Hot Topics in School Policy

By: Kimberly A. Pacelli

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Maine Labor Board Finds That Common Proposals Are Non-Negotiable Educational Policy

By: Tom Trenholm, Connor P. Schratz

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"After-Market" Door Devises Can Risk Fire Safety

By: Kimberly A. Pacelli

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Hanging on Every Word: Google Vault and Draft Emails

By: Penelope Wheeler-Abbott

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Guidance from DOE on Videos as Education Records

By: Laura J. O'Neill

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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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Responding to Student Threats and Imposing Discipline

By: Michael L. Buescher

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Special Education Student Removal Litigation on the Rise

By: Isabel B. Ekman

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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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DOE Steps Back from Apparent FAPE Expansion

By: Eric R. Herlan

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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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Are You Negotiating Ed Policy?

By: Tom Trenholm

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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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ACA Play or Pay Penalty Assessments Looming

By: Christoper G. Stevenson

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“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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Parental Access to Educational Records: A Case Study

By: Michael J. Opuda

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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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Jury Finds for School in Recent First Amendment Case

By: Michael L. Buescher

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Family and Medical Leave Act (FMLA) Tips for School Employers

By: Laurel A.V. McClead

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Cybersecurity Update: Ransomware Attacks on the Rise

By: Elek A. Miller

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What’s Next for Title IX? Lessons from a Recent Case

By: Kimberly A. Pacelli

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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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Big Year in Special Ed, Courtesy of Courts!

By: Eric R. Herlan

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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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We Don’t Need No Stinking Ground Rules

By: Tom Trenholm

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Arbitration Panel: Teacher Effectiveness Should Play Meaningful Role in Layoff

By: Peter C. Felmly

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Can Schools Do Anything About Non-Disruptive Bigoted Speech?

By: Bruce W. Smith

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Effective and Efficient Executive Sessions

By: Elek A. Miller

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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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Federal Court Blocks Change to Overtime Rules

By: Peter C. Felmley, Anna B. Cole

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Hold the Phone (Or Don’t): Update on Robocalls and Messages

By: Elek A. Miller

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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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New ADA Regulations and Their Impact on Schools

By: Allen L. Kropp

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A Revenue Source with Potential Pitfalls: Naming Rights Contracts

By: Greg Im

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The Outer Limits: The Latest on Due Process and Student Suspension

By: Bruce W. Smith

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Charter School Student Left on Sideline for Public School Team Tryouts

By: Greg Im

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I Agreed to What?! When Special Education Written Notices Become Binding

By: Isabel B. Ekman

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Traps for the Unwary in Software Agreements

By: Christopher C. Dana

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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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Special Education Keeps Changing - Just Hold On!

By: Eric R. Herlan

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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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Top Ten Vendor Contract Pitfalls

By: Elek A. Miller, Greg Im

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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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Tips For Problem-Free Problem Solving

By: Tom Trenholm

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Who Walks the Dog? Legal Update on Service Animals in Schools

By: Jeanne M. Kincaid

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New Law Provides Flexibility to Use Additional State Subsidy

By: Greg Im

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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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OSEP Misstates Law, Stumbles on Special Ed Standards Issue

By: Eric R. Herlan

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Negotiating Health Insurance & Wellness

By: S. Campbell Badger

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Big Changes in Health Insurance for Schools that are "Small Employers"

By: Christopher G. Stevenson

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Tax-Exempt vs. Taxable Cash Flow Borrowing: Basic Considerations

By: Greg Im

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Dine and Dash: Dealing With Unpaid Student Meals

By: Demetrio F. Aspiras, III

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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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The ACA Is Here To Stay

By: Christopher G. Stevenson

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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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2015 Legislative Highlights

By: Bruce W. Smith

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Negotiating Educational Policy Creates Bad Labor Relations

By: S. Campbell Badger

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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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Tips for Complying with the "3% Rule" for Unallocated Balances

By: Greg Im

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Fourth Circuit Issues Important Decision for Schools in Peer Sexual Harassment Case

By: Elek Miller

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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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U.S. Supreme Court issues ruling on public employee speech

By: Jeana M. McCormick

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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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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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DOL guidance addresses FMLA rights for same-sex couples

By: Daniel J. Rose

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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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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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Help! My central office staff wants to unionize

By: S. Campbell Badger

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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: &quot;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 (&quot;MDOE&quot;) recently supported the Sanford School Department's (the &quot;District&quot;) 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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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 (&quot;MainePERS&quot;) 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 (&quot;IT&quot;). 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 &quot;sole possession&quot; 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 (&quot;Health Care Reform&quot;) 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 &quot;ADAAA&quot;), 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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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 (&quot;OCR&quot;) 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 (&quot;DOL&quot;), the agency which enforces the Family Medical Leave Act (&quot;FMLA&quot;), 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 &quot;service animal,&quot; 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 (&quot;RSUs&quot;) 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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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 &quot;going green&quot; 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. &quot;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 (&quot;ADA&quot;) and the Rehabilitation Act (&quot;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 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 (&quot;ADA&quot;) 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 &quot;Law Court&quot;), 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 &quot;Law Court&quot;) 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 &quot;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 &quot;Is a social worker a 'teacher'?&quot; 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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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 &quot;Bong Hits 4 Jesus&quot; 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

&quot;Sticks and stones will break my bones, but words will never hurt me.&quot; 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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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:

&quot;Our guidance counselors have concerns about answering the two new &quot;discipline questions&quot; 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:

&quot;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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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 (&quot;M.S.R.S.&quot;) 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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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

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.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 &quot;the Pledge of Allegiance case,&quot; 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!

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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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Schools are not subject to HIPAA - Or maybe they are!

By: Robert P. Nadeau, Esq.

The Health Insurance Portability and Accountability Act (&quot;HIPAA&quot;) 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 (&quot;NCLB&quot;) 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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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 (&quot;NCLB&quot; or the &quot;Act&quot;). 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 (&quot;ADA&quot;) 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 &quot;homeless&quot; 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 &quot;designate&quot; 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 &quot;public proceeding.&quot; 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 &quot;impact bargaining&quot; 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&quot;No Child Left Behind Act&quot; 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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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 (&quot;ADA&quot;) 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 (&quot;MTCA&quot;) 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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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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Pittfalls to avoid with your student handbooks

By: Ann S. Chapman

Copyright ...

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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.

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Arbitrator upholds nonrenewal of coach

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Maine Legislature adopts new line item budget format and budget referendum procedure

By: Richard A. Spencer, Esq.

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The role of school boards in expulsions: How do you solve a problem like Maria?

By: Donald A. Kopp

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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

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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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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

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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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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

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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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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

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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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Schools must be careful about disputes with employees over wages

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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

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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

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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

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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

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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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