Legal Questions

Legal Questions

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A Word from Legal: Student Toileting and Educators

TOILETING: IS IT THE RESPONSIBILITY OF EDUCATORS? Yes. Prekindergarten programs include three- and four-year-olds with varying levels of toileting abilities, or none at all. Because current regulations do not permit systems to exclude students due to toileting issues, MSDE has adopted an inclusive approach and guidance to toileting students. As a result, it is the […]
Legal Questions|Professional Practice|Racial and Social Justice

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A Word from Legal: Title IX

Title IX regulations, updated by the Department of Education on April 29, 2024, require public schools to adopt and publish procedures for the resolution of student complaints alleging any actions prohibited by Title IX by August 1, 2024. While various legal challenges have halted implementation in at least 21 states, it is still enforceable in […]
Legal Questions

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A Word from Legal: Pregnancy and Accommodations

The Pregnant Workers Fairness Act (PWFA) was enacted on June 27, 2023 requiring covered employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions so long as the accommodation will not cause an “undue hardship” on the employer (similar to the ADA, but specifically naming pregnant women). This act fills […]
Legal Questions

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Transgender Student Protections and Educator Rights

Federal law regarding protections for transgender or gender non-conforming (TGN) students, including the right of students to designate and be referred to by their preferred names and pronouns, is currently unsettled. In 2022, Maryland solidified its educational policy prohibiting discrimination against or discipline of students, a prospective student, or their parents or guardians on the […]
Legal Questions

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A Word from Legal: IEPS and Accommodations

The list of accommodations within an IEP should only be those accommodations necessary for the child to receive a free, appropriate public education (FAPE). It is not specific enough to say something would be “beneficial;” after all, every child would benefit from smaller class sizes. In this case, the question to ask is “does the […]
Legal Questions

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Cameras in Public Schools

In recent years, most public school systems have increased the use of cameras in their school buildings. Many are placed in and around the entry/exits, common areas, gymnasiums, and hallways. There has been significant discussion and debate around this oversight and surveillance. However, most stakeholders agree that the primary purpose is student and staff safety. […]
Legal Questions

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Employers, Employees, and Marijuana

When the 2023 General Assembly passed legislation to legalize recreational marijuana in Maryland (House Bill 556/Senate Bill 516), employers hoped that the comprehensive legislation would provide clarification for both employers and employees about the param­eters of testing and the repercussions of use. Unfortunately, the bill didn’t contain any general workplace provisions for either group. The […]
Legal Questions

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What Is a Hostile Work Environment?

A hostile work environment is when the unwelcome comments or conduct based on a protected characteristic is severe and pervasive and unreasonably interferes with an employee’s work performance. In Maryland, employers are prohibited from discriminating against any person based upon the person’s race, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, […]
Legal Questions

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School Safety: Responses and Resources for Educators

This article is a follow-up to the October 2022 ActionLine “A Word from Legal” column regarding the prohibition of seclusion and limits on the use of physical restraint as behavioral health interventions for students. In this article we focus on school safety and the appropriate responses and resources for educators when confronted with physical aggression […]
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