News & Analysis as of

Due Process School Districts

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Tucker Arensberg, P.C.

Closing A School Building Does Not Implicate Due Process or Fiduciary Rights

Save Our Saltsburg Schools v. River Valley School District, No. 1140 C.D. 2021 (Pa.Cmwlth. November 7, 2022) (Commonwealth Court rejects community group’s efforts to invalidate school district’s decision to close a school...more

Franczek P.C.

Trends in Due Process Litigation

Franczek P.C. on

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...more

Womble Bond Dickinson

News Scan Finds Multiple Threats to Your Privacy

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Your personal information is threatened by more pernicious tools and attacks each year. While this blog often describes poorly written privacy laws stifling business and dangerous bureaucratic overreach by privacy...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

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[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

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T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

Tucker Arensberg, P.C.

Education Law Report – Winter 2021

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School District Effort to Prohibit Students’ Political Attire Enjoined - Morgan v. Mifflin County School District, Case No. 1:2--CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of...more

Best Best & Krieger LLP

New Special Education Laws

Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Franczek P.C.

Bullying and Special Education in the New Decade: What You Need to Know

Franczek P.C. on

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

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No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

Brooks Pierce

Student’s Poor Motivation May Be Fatal To An IDEA Claim Premised On A School District’s Procedural Violation

Brooks Pierce on

School districts have an additional defense in their arsenal when faced with an alleged procedural violation of the IDEA: the student’s own poor motivation. The United States Fourth Circuit Court of Appeals, whose...more

JAMS

Trends in Managing and Resolving Title IX Cases

JAMS on

HON. JANE CUTLER GREENSPAN (RET.) recently convened a roundtable discussion with luminaries in the Title IX field to discuss their observations and nascent trends. As part of this discussion, the panel identified issues and...more

Tucker Arensberg, P.C.

Student Assaulted By Classmate Cannot Sue School District for Violation Of Constitutional Rights

Tucker Arensberg, P.C. on

D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more

Verrill

Poetry in Motion: High School Student/Immigrant Allowed to Participate in Contest Even When Excluded from Eligibility

Verrill on

On April 20, 2018, Judge John A. Woodcock, Jr. of the US District Court of Maine issued a well-reasoned 39 page decision granting an injunction against the National Endowment for the Arts (NEA) from prohibiting a high school...more

Husch Blackwell LLP

Jeena Lee-Walker V. N.Y.C. Dep’t Of Educ. Et Al.: Book Banning And The First Amendment

Husch Blackwell LLP on

An application for writ of certiorari in the United States Supreme Court was recently filed by Plaintiff Lee-Walker in, Jeena Lee-Walker v. N.Y.C. Dep’t of Educ. et al. Plaintiff teacher filed a lawsuit against her previous...more

Fisher Phillips

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

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In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

Fisher Phillips

SCOTUS Service Dog Decision Could Spell Bad News For Schools

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In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

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L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Clark Hill PLC

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

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In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

Franczek P.C.

Seventh Circuit Finds School District Not Liable in Bullying Case

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The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

Pullman & Comley - School Law

Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

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