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Murphy, Hesse, Toomey & Lehane, LLP Partner Presents Legal Update for the Massachusetts Organization of Educational Collaboratives

 

Attorney Sarah Spatafore, a Partner at Murphy, Hesse, Toomey & Lehane, LLP, presented a Legal Update for the Massachusetts Organization of Educational Collaboratives (“MOEC”) on April 11, 2022. The MOEC posted about Ms. Spatafore’s presentation on their twitter account last week, stating “This morning, leaders from Collaboratives across the state joined to hear from attorney Sarah Spatafore about a variety of legal updates including a Case Law/Statutory Update, Special Education, Employment Law considerations, and other important reminders.”

 

Ms. Spatafore began her presentation with a recent case law update, BSEA decisions, as well as a statutory and regulatory update. Her next topic was “Remote Workforce & Employment Law Considerations”, in which she discussed the strategic, operational, and legal considerations to make when deciding to work remotely. She then outlined the important reminders regarding employment law: pay on final workday; break time; FMLA special topics; and absenteeism. Ms. Spatafore also discussed the considerations, pros, and cons for students regarding “BYOD”, or Bring Your Own Device. The final topic Ms. Spatafore spoke about was the intersection of HIPAA and FERPA.

 

Ms. Spatafore practices primarily in the labor and employment area, representing both public and private clients. Additionally, she handles cases within the Firm’s education law practice. Ms. Spatafore has represented clients before a number of courts and administrative tribunals at both the state and federal level.  She regularly conducts seminars and training programs on unlawful harassment, preventing discrimination, and a variety of other labor and employment issues, and she has completed all the Massachusetts Commission Against Discrimination-certified “Train-the-Trainer” courses. Ms. Spatafore graduated from Bates College in 2007 and received her Juris Doctor, with Honors, from Boston College Law School in 2012. While in law school, Ms. Spatafore interned at the Massachusetts Superior Court and was a member of the Jessup International Moot Court team. She was a co-recipient of the third year best oralist award at Boston College Law School. Ms. Spatafore is admitted to practice in the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, and the United States Court of Appeals First Circuit.

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U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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