Legal Blog | KingSpry

Department of Education Clarifies Whether Photos or Videos are Records Under FERPA

May 3rd, 2018

In its informal guidance, the Department noted that photos or videos should be reviewed on the same basis as any other record to determine (1) if it directly related to the student in question and (2) if it is being maintained by the educational entity. 

Smart Reasons to Protect Your Genetic Material With Good Estate Planning Documents

April 16th, 2018

Generally speaking, every person should have a Will, Power of Attorney for Assets, and Power of Attorney for Healthcare. An individual with frozen genetic material should consider how each document can affect their estate plan during and after their life.

KingSpry Attorney Kristine Roddick Presents at 2018 PASA Womens’ Caucus

April 9th, 2018

KingSpry attorney Kristine Roddick will present at the Pennsylvania Association of School Administrators (PASA) Womens’ Caucus on May 8th.

Pennsylvania Supreme Court Finds that Non-Economic Damages are an Available Remedy Under Pennsylvania’s Whistleblower Law

April 6th, 2018

For the first time, the Pennsylvania Supreme Court has ruled that non-economic damages, such as for “embarrassment, humiliation, loss of reputation and mental anguish”, are an available form of relief under the Pennsylvania’s Whistleblower Law. 

Applying Wiretap Law and Other Implications of Unauthorized Audio Recordings In Schools

March 26th, 2018

What happens when unauthorized recording devices that fall outside of board policies are used to record conversations that occur on school property and/or on school-provided transportation without the consent of the individuals being recorded?

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.