• The Potential Cost of Medical Residential Placements to Public School Districts

  The decision to place a student in a residential educational program, like all other educational placement decisions, is required under the Individuals with Disabilities Education Act to be made by an Individualized Education Program team (IEP team) comprising professionals from the student's school district of residence and the parents. Read More...

• What You Need to Know About Changes to the Pa. Public School Code

  On June 22, 2018, Act 44 was enacted containing, among other things, new school safety provisions that have immediate requirements of schools across the state as they start the new school year. Article XIII of the Pennsylvania Public School Code of 1949 is amended to add sections B, C, and D which address the establishment of a Safety and Security Committee, provisions around school police and School Resource Officers (SROs), and establishing the Safe2Say program, respectively. The following are highlights of each section. Read More...

• 'Janus v. AFSCME' — Top 5 Takeaways From Supreme Court Decision

  On June 27, 2018, the United States Supreme Court overruled more than forty years of established precedent by handing down a decision in favor of nonunion member public employees. In Janus v. AFSCME, the court ruled that the First Amendment prohibits public employers, such as public school districts, from deducting fair share fees from the wages of nonunion members without their express consent. The following are the most important takeaways from that decision. Read More...

• Legal Considerations for Schools When Deciding Between an IEP or a 504

  One confusing area of special education law is whether a student with a disability needs an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), or a 504 Plan under Section 504 of the Rehabilitation Act of 1973. Both are federal laws that protect students with disabilities. The laws, however, address different levels and types of need and providing the wrong plan can result in a violation of federal law, as well as certain parallel or implementing state laws, and can legally expose a public school district or charter school. Read More...

• Balancing the Rights of School Districts in Wake of Shootings

  In the wake of the latest rash of school shootings, as in all those which came before, rational minds question the general role of the public school system in preventing such attacks. Why didn’t the school do more to prevent this tragedy? If this keeps happening, could it be the fault of the school system? Read More...

• Getting Divorced: What to Expect

  Common questions about divorce are answered in this article from Family Advocate. Read More...

• Stop Saying That: Phrases That Even Inigo Montoya Would Tire of Hearing (Precedent Magazine)

  Education law and government services attorney, Tracey Waldmann, shares insights with other lawyers about effective use of language. Some of the overused phrases include: “With all due respect,” “at the end of the day,” and others. Read More...

• Working From Home and Making It Work (MomSpace)

  According to Gabrielle Goham in her article for MomSpace, “More and more moms are delaying having children until their careers reach a point at which they feel secure about introducing the new and daunting priority of children into their already busy lives..." Read More...

• Is Private School the Answer (MetroKids Magazine: Special Kids Edition)

  Special needs attorney, Gabrielle Sereni, authored an article for MetroKids addressing whether or not private, independent schools or public schools are the right answer for children with special needs. Read More...

• Delaware Court Holds That Corporate Officers Have The Same Fiduciary Duties As Corporate Directors Under Delaware Law (Mondaq)

  In 2009, the Supreme Court of Delaware in Gantler v. Stephens, No. 132, 2009 Del. LEXIS 33 (Del. Jan. 27, 2009) (unpublished decision) addressed the question of the fiduciary duties owed by corporate officers to shareholders. Attorney Tracy Waldmann discusses the Gantler case in her Mondaq article stating that “the court held that corporate officers owe the same fiduciary duties as those owed by corporate directors. Read More...

• How Healthy is The Federal Preemption Defense? (Law360)

  Attorney Tracy Waldmann addresses the doctrine of federal preemption in a 2009 Law360 article. The doctrine is rooted in the U.S. Constitution’s Supremacy Clause which states that the laws of the United States “shall be the supreme Law of the Land.” Read More...