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Amendments to PA School Code Affect Residency Disputes

Amendments to the Pennsylvania School Code provide additional protections to students and families involved in residency disputes with their local school districts. The changes will take effect on September 16, 2024. The...more

Pennsylvania Department of Education Extends Special Education Eligibility to Age 22

As school districts around the Commonwealth embark on the 2023-24 school year, the Pennsylvania Department of Education (PDE) has sprung a surprise by issuing direction that local educational entities (LEAs) must now provide...more

Supreme Court: Students With Disabilities May Be Able to Take Schools Directly to Court

The U.S. Supreme Court has issued a decision in the case of Perez v. Sturgis Public Schools that would appear on first reading to expand the types of cases in which parents of students with disabilities can skip the...more

Revisions to the Pennsylvania School Code: What You Need to Know

Pennsylvania Gov. Tom Wolf has signed into law several changes to the Pennsylvania School Code. Here are some highlights from Act 55 of 2022, and the impact it will have on school entities in the Commonwealth....more

Federal Court Rules Pennsylvania’s School Mask Mandate Constitutional, Rejecting Challenge

In another setback to those seeking to challenge the Pennsylvania Department of Health’s mask mandate in schools, a federal court has found the order is constitutional. The court noted in Oberheim v. Bason, No....more

Federal Court Rejects Exemption Request In One Of PA’s First Mask Mandate Cases

In one of the first cases in Pennsylvania to address the great student masking debate, a federal court has rejected several arguments made by parents seeking to exempt their children from a universal mask requirement imposed...more

Could Masks Be Required In Schools Under Section 504? One Federal Judge Says The Answer May Be Yes.

Throughout the country, the debate over requiring masks in schools often focuses on whether districts or states have the power to impose such mandates. But a case from Tennessee suggests that the more important question is...more

School Districts Must Be Cautious With Employees And Job Applicants Who Use Medical Marijuana

A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more

For 2021-22 School Year, PA Extends Special Ed Eligibility, Allows Students To Repeat Grades

Under a new law, Pennsylvania will add an option for an additional year of special education eligibility for students who would otherwise age-out this summer and permit parents of all students the option to repeat the grade...more

In A Reversal, Pennsylvania Will Now Allow Lawyers In Special Education Mediations

Revising its prior guidance, the Pennsylvania Office for Dispute Resolution (ODR) will permit attorney participation in special education mediations beginning March 1, 2021. Pennsylvania was one of only two states that...more

Act 110 Imposes New Requirements On PA Schools Regarding Sexual Assault

Pennsylvania public school entities should examine their school safety policies dealing with sexual assault to ensure they comply with new requirements imposed by Act 110 of 2020, which took effect on January 3 of this...more

PA Court Appears To Significantly Limit Students’ Right To Use Medical Marijuana On Campus

In a case of first impression, the Pennsylvania Commonwealth Court has ruled in Harrisburg Area Community College v. Pennsylvania Human Relations Commission that a nursing student at a community college did not have a right...more

Update: Crowd Size Limits For School Sports And Events Are Now Enforcable

The United States District Court for the Western District of Pennsylvania issued a decision finding that several of the executive orders issued by Governor Wolf in the effort to mitigate the spread of COVID-19 are...more

Ruling That Finds PA Governor’s Crowd Size Limit Unconstitutional Affects School Sports And Events

The United States District Court for Western Pennsylvania issued a decision on September 14 that found a number of Governor Wolf’s executive orders related to efforts to mitigate COVID-19 unconstitutional. Among Wolf...more

Coronavirus, Special Education And FERPA – Guidance From The Department Of Education

As Pennsylvania schools grapple with the effects of coronavirus pandemic, they must plan for the needs of their special education students to avoid potential liabilities. The Department of Education issued guidance on March...more

Pennsylvania Expands School Smoking Ban To Include Vaping

Pennsylvania has expanded its prohibition of tobacco items in a school setting to include vaping devices, also known as electronic nicotine delivery systems or "ENDS." Under Act 93 of 2019, it is now a summary offense for...more

School’s Ban On Medical Marijuana OK Under Federal Disability Law

A federal court in New Mexico has held that school entities do not have to permit the presence or use of medical marijuana on school grounds under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the...more

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