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
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
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
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 In an unpublished opinion the Commonwealth Court of Pennsylvania upheld the decisions of an arbitrator and...more
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
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
6/21/2021
/ Appeals ,
Educational Institutions ,
Equitable Tolling ,
Human Rights Act ,
Minors ,
PA Supreme Court ,
Public Schools ,
School Districts ,
Sexual Assault ,
Statute of Limitations ,
Tolling
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
6/26/2019
/ Administrative Resignation ,
Appeals ,
Arrest ,
Constructive Discharge ,
Due Process ,
Employer Liability Issues ,
Employment Litigation ,
Public Schools ,
Resignation ,
School Districts ,
Termination
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
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
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
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
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
10/2/2015
/ Coaches ,
Disability Discrimination ,
Discrimination ,
Public Schools ,
Retaliation ,
School Districts ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Special Education ,
Students ,
Title IX
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