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Massachusetts DPH Issues Advisory Regarding Administration of Medications by School Nurses During School Trips Outside Massachusetts
Posted: /in News /by Heather McCarthyOn February 4, 2025 the Massachusetts Department of Public Health issued an advisory to all public and private schools regarding the administration of medicines by school nurses during the portion of any school-sponsored trip that occurs outside Massachusetts. The advisory states that 105 CMR 210.000, including the provisions regarding delegation, cannot be used by school […]
U.S. Department of Education’s Office for Civil Rights to Enforce Title IX under 2020 Rule, Which Excludes Gender Identity Protections
Posted: /in News /by Heather McCarthyThe Department of Education through its Office of Civil Rights (“OCR”) has announced in a “Dear Colleague” letter that Title IX will be enforced under the provisions of the 2020 Title IX rule rather than the more recent 2024 Title IX Rule. There are two catalysts for this announcement: a ruling by the Eastern District […]
Federal Court Overturns Recently Published Title IX Regulations
Posted: /in News /by Heather McCarthyEarlier this year, the U.S. Department of Education (“DOE”) released new Title IX regulations that went into effect in August 2024. Accordingly, many school committees revised their policies to comply with these new regulations. On January 9th, a Kentucky federal court issued a ruling holding that the recent Title IX regulations are unlawful and vacated […]
Liz Valerio and Nick Dominello Present at 2024 Massachusetts Association of School Committees (“MASC”) and Massachusetts Association of School Superintendents (“MASS”) Annual Joint Conference
Posted: /in Events, News /by Heather McCarthyOn Thursday, November 7, 2024 Liz and Nick presented at the MASC/MASS Annual Joint Conference in Hyannis. Liz and Nick discussed current trends in collective bargaining.
Appeals Court Answers a Question “Left Open” for Forty Years and Decides That School Districts Cannot Withhold Professional Teacher Status from Teachers Who Had Time of Service Interrupted by Protected Leave Once the Teacher Works the Number of Missed School Days to Complete “Three Consecutive Years”
Posted: /in News /by Heather McCarthyOn October 25, 2024, the Massachusetts Appeals Court issued a decision in Chaloff v. Westwood Public Schools, 105 Mass. App. Ct. 13 (2024). The decision reversed a ruling by the Superior Court which denied a claim brought by a teacher who argued that taking parental leave under G.L. c. 149, §105D should not require her […]
Appeals Court Holds That Erroneously Deducted Contributions Cannot Be Considered “Regular Compensation” to Determine an Employee’s Accidental Disability Retirement Allowance
Posted: /in News /by Heather McCarthyOn October 7, 2024 the Massachusetts Appeals Court issued a decision in O’Malley, et al. v. Contributory Retirement Appeal Board, et al., No. 23-P-1147 (2024). That decision affirmed a decision by the Contributory Retirement Appeal Board (“CRAB”), which had denied a claim by two former employees that retirement deductions for certain work they had performed […]
Three VDH Attorneys Named 2024 Massachusetts Super Lawyers and Rising Stars
Posted: /in News /by Heather McCarthyRobert D. Hillman and John Foskett have been named Massachusetts Super Lawyers for 2024 and Jennifer F. King has been named a Massachusetts Rising Star. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations […]
U.S. District Court Grants Summary Judgment for District on Teacher’s Breach of Contract Claim That Her Termination Violated Just Cause Limitation in CBA
Posted: /in News /by Heather McCarthyOn August 28, 2024 the United States District Court for the District of Massachusetts issued a decision in Rossman v. Nashoba Regional School District (Civil No. 3:21-cv-40042-KAR). That decision granted a school district’s motion for summary judgment on a claim brought by a teacher without professional teacher status. The teacher asserted that her dismissal breached […]
DC Court of Appeals Concludes Federal Agency’s Enforcement of a Social Media Moderation Policy Prohibiting “Off-Topic” Posts Violated the First Amendment
Posted: /in News /by Heather McCarthyOn July 30, 2024, the U.S. Court of Appeals for the District of Columbia issued a decision in People for the Ethical Treatment of Animals et al. v. Tabak (No. 23-5110), holding that the National Institute of Health’s (“NIH”) implementation of a social media policy prohibiting “off-topic” comments was unconstitutional under the First Amendment. The […]
Massachusetts Federal District Court Weighs in on the Existence of a Duty of Reasonable Care Between a Public School and a Student at Foreseeable Risk of Suicide
Posted: /in News /by Heather McCarthyMassachusetts courts have not hesitated to recognize that public schools owe certain duties to their students. On July 1, 2024, the United States District Court for the District of Massachusetts issued a decision in Doe v. City of Northampton, No. 23-10358-MGM, adopting a Magistrate Judge’s report and recommendation relative to a Defendant City’s motion to […]