NSBA Legal Clips
Archived entries for employees

Pennsylvania district sues healthcare provider for failing to pass along prescription drug rebates

The Scranton Times-Tribune reports that the Scranton School District has filed suit against Wellnet Health Plan and Banyan Consulting, claiming it is entitled to a “significant” amount of money in drug rebates that were never passed on to the district by Wellnet.

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Indiana court rules department of education’s standard teacher contract forms are illegal

According to a report from the Associated Press in The Republic, Marion County Superior Court Judge Patrick McCarty has ruled that the standard teacher contract forms issued by the Indiana Department of Education that would have allowed school districts to change or increase teachers’ hours without paying them more are illegal.

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Federal court finds no Fourth Amendment violation when district officials subjected instructional aide to breathalyzer test

A Pennsylvania federal district court has granted summary judgment in favor of three district officials, dismissing an instructional aide’s suit claiming school district officials had violated her First, Fourth, and Fourteenth Amendment rights when she was detained and subjected to a breathalyzer test.

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Federal district court allows former assistant principal’s Title VII claims of hostile work environment and discrimination based on religion to proceed to trial; rejects others

A federal district court in New York state has ruled in favor of a former assistant principal on his Title VII claims of hostile work environment and discrimination based on religion, denying that portion of the New York City Department of Education’s (NYCDE) motion for summary judgment, and allowing those claims to proceed to trial. The court has granted NYCDE’s motion, however, with respect to the retaliation and federal procedural due process claims.

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Pennsylvania district agrees to settle former employee’s race discrimination suit

Easton Area School District has agreed settle a race discrimination suit brought by Paxinosa Elementary School Principal David Hightower, says the Morning Call. EASD will pay Hightower $60,000 plus attorney fees, according to an agreement released by the school district’s lawyer.

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Texas board votes to terminate counselor accused of sexting student

The Judson Independent School District (JISD) school board has voted 6-0 to terminate elementary school counselor Cynthia Stewart, who is accused of sexting a 15 year-old student, reports the San Antonio Express-News.

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Mississippi appellate court upholds school board’s termination of teacher for refusal to submit to drug test

The Mississippi Court of Appeals, in a 5-4 en banc decision, has ruled that a school board’s decision to terminate a teacher after she refused a school district official’s request to submit to a drug test pursuant to the district’s drug and alcohol policy was not arbitrary or capricious.

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Pennsylvania law requiring school employees to disclose arrests and convictions for serious crimes takes effect

A new Pennsylvania law requiring public and private school employees who are arrested or convicted of serious crimes to report those arrests or convictions to their employers and the Pennsylvania Department of Education (PDE) has taken effect, says the Patriot-News. The law expands the list of crimes that permanently disqualify people from school employment.

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Teacher successful in prior discrimination suit now claims retaliation

Margaret Reyes, a second-grade teacher at Hillcrest Elementary School, who had successfully sued San Francisco Unified School District in 2006 for employment discrimination, has now filed suit against SFUSD in federal court, alleging that school officials are retaliating for the previous lawsuit, says the Examiner.

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Hawaii agrees to drop random drug testing policy for teachers

According to KITV ABC 4, the State of Hawaii has agreed to end implementation of its random drug testing policy for teachers, for which it had negotiated in a 2007 contract. Although the teachers had agreed to the contract, which included the random drug testing program along with pay increases, the Hawaii State Teachers Association (HSTA) has opposed the policy since the contract was signed.

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