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Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more

Can I Share This? Court Highlights Importance of Defining Representatives in Private Equity NDA

A recent case highlights the importance of properly defining the representatives with whom confidential information can be shared in the context of a private equity non-disclosure agreement (NDA)....more

School District Must Prove Student is Not a Resident

G.W. v. Avonworth Sch. Dist., 297 A.3d 28 (Pa. Commw. Ct. June 2, 2023). The Pennsylvania Commonwealth Court confirmed, among other evidentiary issues, that when challenging the residence of an enrolled student a school...more

After School Satan Club Allowed to Meet in School Facility

Satanic Temple, Inc. v. Saucon Valley Sch. Dist., 2023 U.S. Dist. LEXIS 75001, (E.D. Pa. May 1, 2023). Because a School District allowed various community groups to meet within school facilities, the After School Satan Club...more

Teacher Terminated for Pushing Fellow Employee After a Crude Remark

Reading Sch. Dist. v. Unemployment Comp. Bd. of Rev., 2023 Pa. Commw. Unpub. LEXIS 36 (Pa. Commw. Ct., Jan. 20, 2023). In an unpublished opinion the Commonwealth Court of Pennsylvania reversed the decisions of an unemployment...more

Teacher Reinstated Following TikTok Post Featuring Explicit Song and Suggestive Dance Moves

Cent. Valley Sch. Dist. v. Cent. Valley Educ. Ass’n, 2022 Pa. Commw. Unpub. LEXIS 482 (Pa. Commw. Ct., Nov. 7, 2022). In an unpublished opinion the Commonwealth Court of Pennsylvania upheld the decisions of an arbitrator and...more

COVID-19 Does Not Excuse Special Education Duties

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Settlement Does Not Void Mandatory Expulsion for Weapon Possession

R.S. by R.S. v. Hempfield Area School District, 268 A.3d 521 (Pa. Commw. Ct. 2021). (The Pennsylvania Commonwealth Court explained that the Pennsylvania Public School Code requires a one-year expulsion for possession of a...more

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

Private Snapchat Messages Sent After School Hours Do Not Constitute Cyberbullying or Terroristic Threats

J.S. v. Manheim Twp. Sch. Dist., 2020 WL 2508031 (Pa. Commw. Ct., May 13, 2020): The Pennsylvania Commonwealth Court affirmed a lower court’s conclusion that private Snapchat messages between two students, making fun of a...more

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

Court Establishes 5 Factors to Determine When A School District Offer to Resign Is Actually A Constructive Discharge

Judge v. Shikellamy Sch. Dist., 905 F.3d 122 (3d Cir. 2018).  When a public school district offers an employee a chance to resign in lieu of termination, courts will review five factors to determine whether the resignation...more

Recent Third Circuit CERCLA Decision Reaffirms the Importance of Environmental Due Diligence in Real Estate Purchases

A recent Third Circuit Comprehensive Environmental Response, Compensation, and Liability Act, (‘CERCLA’) decision reaffirms the importance of environmental due diligence in real estate purchases. Pennsylvania Department of...more

No Retaliation Claim For IT Employee Fired After Criticizing School District

Wolgast v. Tawas Area Sch. Dist. Bd. of Educ., 16-2240 (6th Cir. 05/25/17): The Court dismissed the retaliation claim of an IT employee who was terminated following comments criticizing his employer, a public school...more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

A Reminder of OCR Guidance Regarding Students With ADHD

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more

Sharp Pencil Not a Weapon Under Pennsylvania School Code

S.A. v. Pittsburgh Pub. Sch. Dist., 2017 Pa. Commw. LEXIS 152 (Pa. Commw. Ct. May 1, 2017). Summary and Factual Background - S.A. was a 10th grade student at Barack Obama International Academy, a high school in the...more

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the...more

Retired Teacher Awarded Post-Retirement Benefits For Same-Sex Spouse

In Re: Souderton Area Education Association and Souderton Area School District, Arbitration Award of August 7, 2016 (Arbitrator Joan Parker). Under Pennsylvania law a teacher was not able to legally marry her same-sex spouse...more

Bad Teacher Reinstated Because District Did Not Follow Proper Termination Procedures

School Dist. of Philadelphia v. Jones, 139 A.3d 358 (Pa. Commw. Ct. 2016). In order to terminate a teacher, a school district must strictly follow procedural requirements under the Pennsylvania School Code. In Jones, a...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

FAA Releases Guidelines For Local Regulation Of Drones

In the past few years unmanned aircraft systems, commonly known as drones, have grown in popularity and availability. With the proliferation of drones comes some difficult privacy and public safety questions for school...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Pass the Trash: A Summary of the Employment History Review Requirements Under Act 168 for Schools

Act 168 of 2014, the “Pass the Trash” Act, creates increased responsibilities and procedures a school district must follow when hiring new employees. The purpose of the Act is to eliminate the practice whereby a school...more

PennDOT Is Looking For Proposals Benefiting the Department And Is Seeking Private Partners On Transportation Projects

Between October 1, 2013 and October 31, 2013, the Pennsylvania Department of Transportation (PennDOT) will accept unsolicited proposals for improvements to Pennsylvania’s transportation infrastructure and facilities. PennDOT...more

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