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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

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

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

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

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

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

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

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