Legal Questions

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, […]
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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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Dobbs v. Jackson Women's Health Organization

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization to curtail women’s rights and their status as free and equal citizens has far-reaching implications for constitutional interpretation, individual rights, and health care—all issues at the core of social studies, civics, government, and sex education classes. What and how the teacher talks about precedent […]
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A New Law Addresses Behavioral Health Interventions

A bill banning seclusion and limiting when restraints may be used in public schools became law this year. This law prohibits the use of seclusion as a behavioral health intervention in public schools and limits the use of physical restraint except in certain circumstances. The definitions in the law are riddled with exceptions, making application […]
Education Support Professionals|Educator Voice|Legal Questions

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Education Support Professionals and Workload

As with many professions, the ever-changing protocols ensuring a safe and healthy environment for staff and students is overwhelming for school employees. This is particularly true with education support professionals (ESPs), especially cafeteria, custodial employees, bus drivers, and other jobs. This excess workload is seen in how the work is scheduled, the increase in the […]
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School Employees and Mask Mandates

As the coronavirus pandemic continues, school systems are struggling to keep their doors open for in-person instruction. Critical for doing so is the mask mandate, which was approved by the Administrative, Executive, and Legislative Review (AELR) Committee on January 5, 2022. The regulations included “off ramps” to at some point potentially remove the requirement if […]
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Personal Legal Troubles: Do I Report to My Employer?

Educators are human and just like other humans, they make mistakes. So, after the shock of being arrested and charged with any misdemeanor or felony, the next question usually is: do I have to report this to my employer? The simple answer is YES! Educators are held to a much higher standard than other workers […]
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Vaccines and the Law

While everyone had hoped for a return to business as normal with the availability of vaccines, those wishes have been derailed by the fast-spreading Delta variant. Boards of education have once again been forced to ponder how to keep returning employees and students safe while conducting in-person instruction. Many private employers with at-will employees have […]
Coronavirus and Schools|Legal Questions

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A Word from Legal

Is There a Telework Option for the 2021-2022 School Year? This past school year, many employees were granted telework as an accommodation for medical conditions that the CDC identified as placing them at risk of serious illness if exposed to the coronavirus. Based upon current conditions, such an accommodation will end when educators return to […]
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