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Joint Statement Issued Regarding Pre-Employment Transition Services

On January 2, the DESE and the Massachusetts Rehabilitation Commission (MRC) issued a joint advisory regarding Pre-Employment Transition Services (Pre-ETS) offered by MRC. The advisory describes the services, who is eligible and how to refer students. MRC offers Pre-ETS to students with disabilities ages 14-21. Additional information about referrals to MRC can be found on [...]

2020-01-22T12:02:37-05:00January 22nd, 2020|Categories: Blog, Education|Tags: , , , |

CERB Rules Dedham Teacher Strike Illegal

On October 25, 2019, Dedham teachers went on a one-day strike—the first strike in Massachusetts in over a decade—in violation of state law which prohibits public employees from striking. M.G.L. c. 150E § 9(a). (“No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall induce, encourage [...]

2019-11-26T16:40:31-05:00November 2nd, 2019|Categories: Blog, Education|Tags: , , |

Ethics: Faculty Cannot Accept Rewards From Tour Companies

The State Ethics Commission (“Commission”) found that a South Hadley school employee violated the conflict of interest law by accepting travel and stipends, a form of compensation, from a tour company while performing her duties as a Trip Advisor. Beginning in 2007 through 2017, the employee organized school trips as the group leader. During this [...]

Melissa Murray Selected For 2019 Rising Star List

NMP is pleased to announce that Melissa Murray has been named on the 2019 Rising Star List in the field of Schools and Education Law by Super Lawyers, a national rating service that identifies lawyers who have attained a high-degree of peer recognition and professional achievement. Only 2.5% of lawyers in each state are selected [...]

2019-12-03T03:14:37-05:00September 26th, 2019|Categories: Blog, Education|Tags: , , |

Bargaining And The Silent Observers Trend

An Employer May Refuse To Bargain Where There Is Ambiguity As To The Identity Of Bargaining Representatives As we continue to see a trend of Unions calling for Union observers to come in and pack the bargaining sessions, Employers should know that, absent ground rules to indicate otherwise, Unions cannot insist on having silent observers [...]

2019-11-27T15:57:53-05:00July 27th, 2019|Categories: Blog, Education, Employment|Tags: , , , |

SCHOOL CORNER: RESTRAINT REPORTING

All school districts and special education schools are reminded that they are required to report student restraints and injuries that occur during the school day to the DESE using the Restraint Application Tool in DESE’s Security Portal. All data for the 2018-2019 school year is required to be submitted by 5:00 p.m. on June 28, [...]

2019-09-09T20:58:10-04:00June 1st, 2019|Categories: Education|

School Corner: Extended Evaluations

The Massachusetts DESE has issued an Advisory on the Extended Evaluations.    Administrative Advisory  SPED 2019-2 answers questions about the use of extended evaluations and the process when the Team has determined an extended evaluation is  appropriate.  Along with the Advisory, DESE issued an updated Extended Evaluation Form aligned with the guidance in the Advisory.  

2019-09-09T20:56:07-04:00May 9th, 2019|Categories: Education|Tags: , |

Department of Labor Issues Advisory Clarifying Position On Designating FMLA

On March 14, 2019, the Wage and Hour Division (“WHD”) of the Department of Labor (“DOL”) issued an opinion clarifying the DOL’s position on designating and taking leave under the Family Medical Leave Act (FMLA). According to the opinion, employers may NOT delay the designation of FMLA-qualifying leave “even if the employee would prefer that the [...]

2019-09-09T20:13:25-04:00April 4th, 2019|Categories: Education, Employment|Tags: , |

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: , , , |