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DESE Updates Educator and Administrator Model Rubrics for Evaluation

On August 10, 2018, the Massachusetts Department of Elementary & Secondary Education (“DESE”) released updated model rubrics for classroom teachers and school administrators. Following the release of the model system in 2012, DESE began collecting feedback from teachers and school leaders in 2016 to refine the model rubrics. While there are no substantive changes to […]

Massachusetts Legislature Enacts Non-Competition Agreement Law

On August 10, 2018, Governor Baker signed a bill reforming the use of non-competition agreements in employment contexts. The bill, referred to as the Massachusetts Noncompetition Agreement Act (the “Act”), goes into effect on October 1, 2018 and does not retroactively impact contracts entered into before that date. Definition of “Non-Competition Agreement” The Act defines […]

2018 Edition of MCLE’s Treatise “School Law in Massachusetts” Features Contributions from VDH Attorneys

The new 2018 edition of MCLE’s treatise “School Law in Massachusetts” features contributions from three lawyers at VDH.  Elizabeth B. Valerio has provided updates to her chapter entitled “Powers and Responsibilities of the School Committee”.  John Foskett and Caroline Thibeault have authored a new chapter entitled “Student Records”.  The treatise is edited by Rhoda Schneider, […]

New Requirements for Substance Abuse Screening in Public Schools

This is a brief overview of the Massachusetts substance abuse screening regulations that were signed into law in 2016 and are applicable to all public school districts. As a reminder, the regulations impose new requirements on school districts for the 2018-2019 school year. An Act Relative to Substance Use, Treatment, Education and Prevention (the Law) […]

Reminder Regarding Changes to Special Education Regulations Effective July 1, 2018

This is an overview of some of the key amendments recently made to the Massachusetts Special Education Regulations regarding students in foster care. These amendments went into effect on July 1, 2018. They are prospective, meaning they apply to placement decisions made after July 1, 2018. Assignments made during the 2017-2018 school year for the […]

Federal Court Decision Outlines Potential Pitfalls of FMLA Retaliation

On July 23, 2018 a federal judge in this district denied a defendant Town’s motion for summary judgment on a Family and Medical Leave Act (“FMLA”) claim brought by a former employee. The employee sued the Town and two supervisors alleging retaliation for taking FMLA leave to care for her ill spouse. The decision is […]

Federal Court Decision Illustrates School District’s Duty to Address Reports of Student-on-Student Harassment Under Title IX

This past spring a judge in this federal district issued an order denying a private school defendant’s motion for summary judgment on a Title IX claim based on alleged student-on-student harassment. The ruling is instructive for all schools, public and private, regarding what facts trigger a school’s duty to take action under Title IX and […]

Basics of the New Massachusetts Paid Family and Medical Leave Law

The following is a summary of several key provisions of the new paid family and medical leave law. It is not intended to cover all aspects of the new law. This law is mandatory for all private sector employers effective January 1, 2019. Because it is a local option statute, public employers will not be […]

Appeals Court Reaffirms that a Police Chief’s Power to Assign Officers Cannot be Subjected to Arbitration

In a decision issued this morning the Appeals Court has reiterated the Massachusetts rule that a police chief’s decisions regarding the assignment of police officers are immune from collective bargaining and arbitration. In Town of Framingham v. Framingham Police Officers Union, No. 17-P-1178 (2018), the court reversed a Superior Court ruling. That ruling had denied […]

Update on Janus Decision

As pointed out in our June 27, 2018 Client Advisory, the Supreme Court released its decision yesterday in Janus v. AFSCME, Council 31, U.S. No. 16-466 (2018), which held that a state statute which allows public sector unions to charge non-member employees an agency service fee for activities connected with their collective bargaining activities as […]