Legal Blog | KingSpry

Recent Third Circuit Case Offers Cautionary Tale for School Districts on the IEP Process

March 15th, 2018

In the case of School District of Philadelphia v. Kirsch, the Third Circuit Court of Appeals offers some cautionary tales to school districts in the development of IEP’s and how costly the failure to get the process right can be.

Tax Credit and Exclusion Information for Adoptive Families

March 7th, 2018

Adoptive parents should maintain documentation of their qualified adoption expenses and provide them to their tax preparer to ensure proper credit is applied.

A Balancing Act of Rights and Safety: Pennsylvania Law Regarding Guns in Schools

February 23rd, 2018

While it may be difficult to secure the cooperation of law enforcement to pursue criminal prosecution under Section 912, that issue is distinct from a ban on school property.  If it is the District’s will to prohibit firearms on school property, a carefully drawn policy can be an effective tool in enforcing that will.

In Its First Application of Fry, Third Circuit Takes Broad View on Exhaustion

February 20th, 2018

After football injury, parents filed a special education due process complaint regarding the various issues related to the alleged failure to accommodate the student in school, which lead to a settlement that included a fairly broad release. 

Employers and Employees Beware: Pennsylvania Slated To Revise Its Overtime Laws

February 14th, 2018

Governor Wolf has announced that Pennsylvania will be revising its overtime laws. A major change will be to raise the minimum salary that an employee must earn in order to be exempt from earning overtime.

The Supreme Court Intreprets the Statute of Limitations in Dual Filing Employment Discrimination Claims

January 30th, 2018

In a major clarification of procedural law, the U.S. Supreme Court recently answered the question of whether or not, in a dual federal-state filing, federal law suspends the state statute of limitations at the time if filing the federal filing later proves unsuccessful. 

Responding to Student Medical Marijuana Use Just Got a Whole Lot More Complicated

January 17th, 2018

Several recent developments in the area of medical marijuana have made things a lot more complicated for schools responding to requests from students to use it at school.

No Good Deed Goes Unpunished When It Comes to Collective Bargaining Agreements – Good Intentions May Create a Binding Past Practice

January 16th, 2018

In an interesting case that should be cautionary reminder for all employers who have a collective bargaining agreement (CBA), the Commonwealth Court found that an employer was bound by a past practice of permitting employees to have Christmas Eve or New Year’s Eve off.

Commonwealth Court Upholds Termination Based Upon “Reasonable Suspicion”

January 15th, 2018

In Metz v. Bethlehem Area School District, the teacher had been employed as a tenured physical education teacher when the school district received proof of a positive drug test result for cocaine metabolites.

DOL’s New Internship Guidance Creates Opportunity for Businesses to Invest in the Future

January 6th, 2018

The new guidance opens up opportunities for both businesses and students by allowing students to take on more useful roles in the organization, which enhances the students’ learning experience while also incentivizing businesses to invest time in unpaid interns.