Get a year’s worth of school law updates in three hours in this event designed for school directors, administrators and school solicitors. Experts will review legal developments and court cases and how they could impact your school entity. Presenters at each location will include an attorney from PSBA Legal Services and a school solicitor practicing in the local area. Participants may earn three substantive continuing legal education credits.

This year’s event will cover a range of topics including:

  • Transgender student litigation
  • School accessibility for disabled students
  • Responding to red flags indicating sexual abuse of students and “failure to train” claims
  • Special education FAPE standards, contingent IEPs, compensatory education and attorney fees
  • Residence issues impacting special education and homeless youth
  • Right to Know requests for school bus security camera videos
  • First Amendment retaliation claims and employee discipline for social media rants
  • Coerced resignations and constructive discharge
  • Improper classification as substitutes
  • Grievances over professional employee evaluations
  • Revival of furlough bumping rights
  • Added procedures when outsourcing non-instructional union work
  • Permissibility of Project Labor Agreements
  • Statutory tort immunity erosion
  • School security issues
  • Sale of district land and buildings

Locations and dates

  • March 13 — Forbes Road CTC, 607 Beatty Road, Monroeville, PA 15146
  • March 14 — Crawford County CTC, 860 Thurston Road, Meadville, PA 16335
  • March 19 — Seneca Highlands IU9, 19 Mechanic Street, Smethport, PA 16749
  • March 20 — Lewisburg Area High School, 545 Newman Road, Lewisburg, PA 17837
  • March 21 — West Side Career and Technology Center, 75 Evans Street, Kingston, PA 18704
  • March 26 — Mechanicsburg, PSBA headquarters
  • April 3 — Lehigh Career and Technical Institute, 4500 Education Park Drive, Schnecksville, PA 18078
  • April 4 — Upper Dublin High School, 800 Loch Alsh Avenue, Fort Washington, PA 19034
  • April 9 — Upper St. Clair High School, 1825 McLaughlin Run Road, Upper St. Clair, PA 15241
  • April 10 — Bedford CTC, 195 Pennknoll Road, Everett, PA 15537

Spring Legal Roundup is from 1:30-4:45 p.m. (across all locations).

Cost

This event is complimentary for All-Access members or $149 per person with standard membership and $249 per person for nonmembers.

Registration

Register online by logging in to myPSBA.

True/False

Take the quiz below and come to Spring Legal Roundup to learn whether the statements are true or false.

    1. A claim of ADA school inaccessibility violations by a district student who does not yet attend the school should be dismissed if the district can show it is taking steps to address the accessibility issue in a meaningful way.

 

    1. Claims that school district staff failed to respond to reports of ongoing suspicious activity between a student and teacher are sufficient to establish school district liability under Section 1983 by raising an inference of “deliberate indifference” in the district’s failure to train employees.

 

    1. School districts that accommodate transgender students by allowing them to use restrooms and locker rooms consistent with their gender identity violate the constitutional privacy rights and Title IX nondiscrimination rights of cisgender students.

 

    1. Children who qualify for special education services under IDEA, who are not and cannot be fully integrated into a regular education classroom, are not specifically expected under the IDEA to be given grade-level goals or advance at a grade-level pace.

 

    1. Compensatory education calculations for a school district’s failure to provide a special education student with a Free Appropriate Public Education must factor in the monthly, weekly, and daily variations of a student’s behavior and performance.

 

    1. A school district may require the pre-enrollment of a resident student before developing an IEP when said student is enrolled in a full-time residential placement in another district under Section 1306.

 

    1. If a student’s living situation satisfies the definition of homelessness, a place of shelter is transformed to a “fixed adequate and nighttime residence” if it persists long enough.

 

    1. A school bus video is not investigative material subject to the noncriminal investigation exception under the Right-to-Know Law if it depicts images seen by many bystanders and is not known to relate to any staff investigation or discipline to be imposed.

 

    1. Even though a municipality has published its legal advertisements and other notices in a newspaper for more than 100 years, with over 200 advertisements over a 10-year period, because the municipality and the newspaper do not have a contract, the newspaper cannot adequately make out a complaint of First Amendment retaliation against the municipality.

 

    1. For a government employee making a claim for a First Amendment violation of a right to free association, his or her mere membership in a union is always a matter of public concern and worthy of constitutional protection.

 

    1. For an employee who, when given the choice of immediately resigning with a promise of neutral letters of reference or face charges for dismissal on grounds of immorality, chooses to resign, such resignation is a constructive discharge.

 

    1. When bargaining unit members accept and are given approved leaves of absence to fill temporarily funded grant positions, a district will violate its collective bargaining agreement if it creates temporary vacancies and uses long-term subs to fill those vacancies.

 

    1. The School Code does not authorize the use of a prior year’s Building Level Data in a teacher’s evaluation and rating process.

 

    1. School districts must realign their professional staff to ensure that more senior employees are provided with the opportunity to fill any positions within the district for which they are certificated and are filled by less senior employees.

 

    1. A school district violates its collective bargaining agreement’s “no outside subcontracting provision” if it issues an RFP for custodial services, even if it does not enter into a contract with the successful bidder.

 

    1. Charter schools are responsible for filing truancy citations in order to enforce compulsory attendance requirements for school-aged students.

 

    1. Under the Political Subdivision Tort Claims Act, the involuntary movement of a vehicle which is parked involves a vehicle which is “no longer in operation” and does not, therefore, fall within the vehicle liability exception.

 

    1. A school district is authorized under the Sunshine Act to hold an executive session to discuss, plan, or review matters and records deemed necessary for the protection of public safety and security.

 

    1. Under Section 707 of the Public School Code, even if at a hearing certified appraisers testify that a buyer’s offer is fair and reasonable and better than the school district could get at a public sale, if another offer is substantially higher, a court must disapprove the proposed sale from the buyer and order more negotiations from the substantially higher offer.

 

  1. The social media postings of a PennDOT employee communicating that she does not care about school students but would rather “smash into a school bus,” because school bus drivers drive so poorly, are not constitutionally protected and support her termination from PennDOT because the statements undercut PennDOT’s goal to ensure the safety of the traveling public.

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