New DESE Home and Hospital Education Form

With the start of the new school year, DESE has reviewed and revised the “Home and Hospital” form, a physician’s order for the implementation of educational services in a home or hospital setting. The updates and changes to the form are intended to: improve the physician’s authorization process by narrowing the scope of orders to comply [...]

2018-09-13T18:31:04-04:00September 8th, 2018|Categories: Blog, Education|Tags: , , , |

DLR Upholds Principal’s Protection Of Employees From Member’s “Protected Activity”

In Springfield School Committee, 44 MLC 129 (February 16, 2018), a bargaining unit member working under a voluntary resignation agreement that restricted her to working in the reference library and warned her she would be dismissed for insubordination, charged the Committee with interfering with her right to seek mutual aid and protection from the Union when the Principal further [...]

2018-09-13T18:54:31-04:00May 13th, 2018|Categories: Blog, Education|Tags: , , |

National School Walkout Planned

A nationwide, student initiated call to action is circulating on social media calling for students and teachers to walkout of their schools for 17 minutes at 10:00 a.m. on March 14, 2018, in honor of the 17 people killed in the February 14, 2018, school shooting at a high school in Parkland, Florida. School administration [...]

Comparable Work Statute Poses Immediate Challenges For Cities, Towns, And School Committees

Should male school custodians and female cafeteria workers receive the same remuneration for their employment? Twenty years ago, a closely divided Supreme Judicial Court (Jancey v. School Committee of Everett) [421 Mass. 4821 (1995) and 427 Mass. 603 (1998)] interpreted the Massachusetts Equal Pay Act not to require such equal pay because the substantive content [...]

2018-08-05T16:33:42-04:00December 28th, 2017|Categories: Blog, Education, Employment|Tags: , , |

Opioid Law and Verbal Screening Tools

On March 14, 2016, Governor Charlie Baker signed into law An Act Relative to Substance Use, Treatment, Education and Prevention. Known as the “Opioid Law,” two sections of the law had a direct impact on public schools. The first amended MGL c. 71, s. 96, which, since 2014, has required public schools to have policies [...]

2018-08-05T16:33:42-04:00November 5th, 2017|Categories: Blog, Education|Tags: , , , |

AG Issues Guidance To Schools Regarding Enforcement and ICE Requests

On May 18, 2017, Attorney General Maura Healey’s Office issued guidance to health care providers and local public school districts on immigration enforcement and requests for information (or access) from U.S. Immigration and Customs Enforcement (ICE). Under its current policies, schools – including school grounds, bus stops and locations where school activities are taking place [...]

Department of Labor Relations Abuse of Discretion

Failure to Ask Questions Deprived Employer of Discretion To Deny Personal Leave Massachusetts Department of Labor Relations Arbitrator Tim Hatfield arguably substituted his judgement for that of a School Superintendent in finding that a School District violated the collective bargaining agreement by denying a psychologist’s request to use three consecutive personal days. In Spencer-East Brookfield [...]

CL&P Names Two New Partners

Collins, Loughran and Peloquin, P.C. is proud to announce that Melissa R. Murray and Joshua R. Coleman have been promoted to Partner. Since joining CL&P as an Associate in 2010, Attorney Murray has  specialized in school law, including special education matters, as well as representing both school and municipal employers in collective bargaining, labor relations and [...]

2018-08-05T16:33:45-04:00January 5th, 2017|Categories: Blog, Education, Employment|Tags: , , , |

Student Who Did Not Appeal Suspension Can Still Sue School

A recent case from the Massachusetts Supreme Judicial Court ("SJC") ruled that a student could sue her school for suspending her even though she did not “exhaust administrative remedies” by appealing the Principal’s decision to the Superintendent as prescribed by statute and school policy. A Lee High School Senior was suspended for felonious behavior – [...]

Arbitrators, Not Courts, To Determine Arbitrability Issue In Teacher Dismissal Case

Whether a dismissed teacher employed by a school district for over five years, but who took two separate maternity leaves during that period, has professional teacher status (PTS) is an issue that must be decided by an arbitrator. Plymouth Public Schools v. Educ. Assoc. of Plymouth & Carver, 89 Mass. App. Ct. 643 (2016). This [...]