Archives: Constitutional Rights

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U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics for School Resource Officer Programs

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource officer programs.  The new Safe School-based Enforcement through Collaboration, … Read more

U.S. Department of Education Issues Guidance on Ebola for K-12 Schools

In response to the Ebola epidemic, the U.S. Department of Education (“USDOE”) has issued a letter to schools and districts providing updated guidance and resources to assist schools and communities in establishing practices and protocols related to Ebola, as well … Read more

Teacher’s Reduction in Hours to Half-Time Does Not Constitute a Termination

The United States Court of Appeals for the Second Circuit dismissed a teacher’s claim that the school district employer failed to provide her with statutory due process when it reduced her full-time position to half-time, holding that the reduction in … Read more

Discipline of Teachers for Picketing Disruption Upheld

New York state’s highest court has upheld the discipline of teachers whose picketing during the collective bargaining process created a hazardous situation for students arriving at school.

Teachers at Woodland Middle School in the East Meadow Union School District had … Read more

Teacher’s Challenge to Termination Because of Blog Denied

Students are not the only ones who can be subject to discipline because of social media; their teachers can get into trouble too. Recently the United States District Court for the Eastern District of Pennsylvania rejected a teacher’s first amendment … Read more

Discipline of Employee who Posted Confederate Flag Image and Call for “Second Revolution” Upheld by Court

Public agencies are increasingly dealing with issues of employee discipline concerning statements made on social media sites by employees. These situations often involve a balancing of employer interests with an employee’s constitutional right of free speech. A recent decision of … Read more

Michigan Teacher Sues School District for Requiring Her to Have Psychological Exam

A high school teacher in Michigan has filed suit in federal court against Arbor Public Schools after the school district ordered her to undergo a psychological examination as a condition for continuing her employment.

The teacher was placed on leave … Read more

Teacher’s Complaints About Health Issues and Unsanitary Conditions In Her Classroom Did Not Constitute First Amendment Protected Speech

A public school teacher alleged that the New York City Department of Education retaliated against her for engaging in protected speech. Specifically, the teacher complained to colleagues that she had contracted “scabies”, in her opinion, from the unhygienic conditions in … Read more

Attorneys Jessica Ritter and Jessica Stein to Give Live Audio Seminar on “Social Networking and Electronic Communications: Issues for Public Schools”

On November 30, 2012 at 1:00 p.m., Attorneys Jessica Ritter and jsoufer will examine teacher and student use of social media and social networking, and the intersection of individual rights with the school’s authority to regulate the school environment. During … Read more

Comment Period for Revised ADA Regulations Open

By legislation effective January 1, 2009, Congress expanded the scope of the Americans with Disabilities Act (“ADA”) so that a greater number of individuals will be considered “disabled” or be “regarded as disabled.” This legislation was intended to reverse the … Read more