News & Analysis as of

School Districts Disciplinary Proceedings

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Franczek P.C. on

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

Franczek P.C. on

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Tucker Arensberg, P.C.

Settlement Does Not Void Mandatory Expulsion for Weapon Possession

Tucker Arensberg, P.C. on

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

Franczek P.C.

Considerations for Law Enforcement Referrals

Franczek P.C. on

School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more

Franczek P.C.

ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Franczek P.C. on

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

Franczek P.C. on

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX coordinator/administrator training - August 4th, 9:00 am - 11:30 am EST

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Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to...more

Tucker Arensberg, P.C.

School Districts Are Not Required To Identify Employees Who Are Subject To Discipline Unless And Until They Are Demoted Or...

Highlands School District v. Rittmeyer, — A.3d –, 2020 WL 7061810, 163 C.D. 2020 (Pa. Commw. Dec. 3, 2020). Commonwealth Court holds that school districts are not required to disclose the names of employees when issuing a...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX coordinator/administrator training - April 16th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX coordinator/administrator training - February 24th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX coordinator/administrator training - January 11th, 9:00 am - 11:30 am EST

Bricker Graydon LLP on

This advanced-level virtual training course is developed specifically for K-12 administrators to help them better understand their school’s obligations under Title IX. Topics include how school discipline processes intersect...more

Bricker Graydon LLP

[Ongoing Program] Level 2: K-12 Title IX coordinator/administrator training - December 9th, 1:00 pm - 3:30 pm EST

Bricker Graydon LLP on

Title IX Regulations Training (K-12) - The final Title IX regulations have been released. How will the new requirements affect your policies and procedures? Join Bricker & Eckler attorneys for a series of trainings to learn...more

Best Best & Krieger LLP

New Education Laws

Part 1: 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

Tucker Arensberg, P.C.

Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest

Tucker Arensberg, P.C. on

Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary school principal’s termination, because sufficient evidence supported...more

Ballard Spahr LLP

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

Ballard Spahr LLP on

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens....more

Franczek P.C.

Tenured Teacher Dismissal Upheld for Assisting Students on ISAT

Franczek P.C. on

In one of the first teacher dismissal decisions of 2017, school districts across the state of Illinois scored a victory as an independent hearing officer upheld the dismissal of a tenured teacher for improperly assisting...more

Pullman & Comley - School Law

Get Ready for the Changing Landscape of Expulsions

The legislature, this year, put in place significant changes relative to the expulsion of students which will supposedly go into effect on August 15, 2017. Assuming that the legislature leaves intact these changes during the...more

Tucker Arensberg, P.C.

Arbitration Award Reinstating Teacher Charged With “Grooming” of Student Reversed by Court

Tucker Arensberg, P.C. on

Cornwall – Lebanon School District v. Cornwall – Lebanon Education Association, Court of Common Pleas of Lebanon County, Pennsylvania No. 2015-01556 (April 21, 2016). Common Pleas Court vacates Arbitrator’s award reinstating...more

Franczek P.C.

Illinois Passes Legislation Curbing Out-of-School Disciplinary Practices

Franczek P.C. on

On August 24, 2015, Governor Rauner signed into law Public Act 99-456. The Act requires school districts and charter schools to overhaul their discipline policies and is aimed at reducing the incidence of out-of-school...more

Franczek P.C.

Another Circuit Court Recognizes Schools’ Right to Discipline Students for Off Campus, Online Misconduct

Franczek P.C. on

In a recent case, the Court of Appeals for the Fifth Circuit joined four other circuits in recognizing the right of school districts to discipline students for at least some off-campus, online speech if the speech reasonably...more

Bond Schoeneck & King PLLC

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Bond Schoeneck & King PLLC

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

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