Education Law Focus
Links to timely articles and valuable analysis of legal issues pertinent to school district operations, authored by members of PSBA's solicitors association and other education law sources.
PSBA Legal Services Articles
- Is the appointment of someone to a vacant school director seat a permissible subject of executive session discussion? (June 2018)
- Transgender Legal Update
- Educational Stability for Children in Foster Care (December 2016)
- Urgent caution to members receiving recent email about transgender issues (November 2016)
Law Firm Articles
June 2018
A recent case out of the Philadelphia Court of Common Pleas demonstrates just how costly the failure to respond to bullying can be, King, Spry, Herman, Freund & Faul
September 2017
- Commonwealth Court Concludes that Arbitrator’s Award Reinstating Teacher Dismissed for Sexual Harassment Violated a ‘Public Policy,' CGA Law Firm
- New Third Circuit Precedent for School Sports Injuries, King, Spry, Herman, Freund & Faul
- Solving the Funding Problem After Endrew F. Decision, King, Spry, Herman, Freund & Faul
August 2017
- Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns, King, Spry, Herman, Freund & Faul
July 2017
- Supreme Court of Pennsylvania Bans Tax Assessment Appeals Targeting Commercial Properties, but Provides Roadmap on How School Districts May Lawfully Initiate Appeals, Kegel Kelin Almy & Lord
- It’s That Time of Year Again! Annual Notices and Starting the School Year, Stock and Leader
June 2017
- School Personnel as Sexual Predators? Responding to the Threat, King, Spry, Herman, Freund & Faul
May 2017
April 2017
- You Heard It Here First – Endrew F. and E-mails as FERPA Records, King, Spry, Herman, Freund & Faul
March 2017
- Supreme Court Rules on What a FAPE Requires – Has Court Raised the Bar? Or Lowered It In Third Circuit?, King, Spry, Herman, Freund & Faul
- Attending to the Implications of the New Truancy Law: Policy Compliance, Stock and Leader
February 2017
- The Case of “Wonder” the Service Dog & OCR Withdraws Previous Guidance on Transgender Students, CGA Law Firm
- Prevailing Wisdom: Schools Should Continue to Weigh Transgender Student Needs on Case by Case Basis, King, Spry, Herman, Freund & Faul
- Student Refugees Prevail: Third Circuit Affirms New School Placement, King, Spry, Herman, Freund & Faul
January 2017
December 2016
- Pennsylvania Supreme Court Rules School Districts Will Not Be Stuck With PSERS Monies Owed by Defunct Charter School,
King, Spry, Herman, Freund & Faul - Update on Diabetes Management in School Settings, Stock and Leader
- Federal and State Law Update, Stock and Leader
- School Code Amendments Create Truancy Reform for Pennsylvania Schools, CGA Law Firm
October 2016
- Pennsylvania Supreme Court Rules School Employees' Home Addresses Off-Limits under the Right-to-Know Law, Kegel Kelin Almy & Lord
- Revisiting FAPE, High Court Could Significantly Lower the Standard of Required Educational Benefit, King, Spry, Herman, Freund & Faul
- School Resource Officers: What Are Districts’ Responsibilities?, Stock and Leader
September 2016
- CGA School Law Snapshot: Hello. This is a message from… FCC Issues Ruling on School ‘Robocalls', CGA Law Firm
August 2016
- CGA School Law Snapshot: Is Your School Website Accessible? Looking Beyond Pretty Lights & Colors, CGA Law Firm
- Operate a Cyber or Cyber Charter Program? The Department of Education May Have Your Special Education Programming In Its Sights, King, Spry, Herman, Freund & Faul
- OCR Issues New Guidance Regarding Students with ADHD, Stock and Leader
July 2016
- Catching Fireflies & Understanding School Code Amendments on Student Diabetes Care, CGA Law Firm
- What are the School-Based Immunization Requirements?, Sweet, Stevens, Katz & Williams LLP
- Applying Tinker Standard to ‘Off-Campus' Online Student Speech, Middle District Upholds Student’s Expulsion, King, Spry, Herman, Freund & Faul
June 2016
- No Running in the Halls! – Injury During Inside Track Practice Could Result in Liability for School District, King, Spry, Herman, Freund & Faul
- Commonwealth Court Throws “Illegal Procedure Flags” in Teacher Termination Cases, CGA Law Firm
- Department of Education Releases New Guidance for Equal Access to Career and Technical Programs, King, Spry, Herman, Freund & Faul
- ‘I want all the emails.', Sweet, Stevens, Katz & Williams LLP
- Impact of New Overtime Rules on Employers, Kegel Kelin Almy & Lord
May 2016
- Office of Civil Rights Issues Letter on Rights of Transgender Students, CGA Law Firm
- Recent U.S. Supreme Court Decision Applies to Freedom of Speech by Public School Employees, Kegel Kelin Almy & Lord
April 2016
- To Stock or Not to Stock? Naloxone Is the Question For Pennsylvania Schools, King, Spry, Herman, Freund & Faul
March 2016
- IDEA Exhaustion Heads to the Supreme Court, Stock and Leader
January 2016
- Federal Court Provides Scrutiny on Manifestation Determination Hearings, King, Spry, Herman, Freund & Faul
- To Serve and Protect Our Children – U.S. DOJ Speaks On The Role of Security Officers, SROs, and School Police, King, Spry, Herman, Freund & Faul
December 2015
- Third Circuit Opens the Door to an Exception to Stay-Put in the Case of Transfer Students, King, Spry, Herman, Freund & Faul
- OSERS Guidance on Dyslexia, Dyscalculia and Dysgraphia Raises Potential Concerns for Schools, King, Spry, Herman, Freund & Faul
September 2015
- Third Circuit Decision Opens Floodgates of Unlimited Liability for Compensatory Education, King, Spry, Herman, Freund & Faul
- OSEP: Types of Services Put In An IEP Must Be Made On An Individual Basis and Not Just on Disability Label, King, Spry, Herman, Freund & Faul
- Update on the Watts Transportation Triangle, Stock and Leader
- Pennsylvania Supreme Court Addresses Transportation Obligations for Shared Custody Situations, King, Spry, Herman, Freund & Faul
August 2015
- The Laws: They Are A' Changin,' Stock and Leader
- Big Raise For Covered Employees Explained: DOL Releases Proposed Regulations, New FMLA Forms, King, Spry, Herman, Freund & Faul
July 2015
- Parents’ Right to Participate in IEP Process Is Not Unlimited, Does Not Include Right to Pick Staff, Methodology, or Engage in Disruptive Conduct, King, Spry, Herman, Freund & Faul
- Important Changes to Pennsylvania's Homeschooling Laws, Stock and Leader
- Big Changes and Bigger Questions: An In-Depth Look at the Most Recent Amendment to Pennsylvania’s Child Protective Services Law, King, Spry, Herman, Freund & Faul
- Edging Closer to Rules for Addressing Specificity Concerns Under Right to Know Law, King, Spry, Herman, Freund & Faul
May 2015
- Allergens and Placement, Sweet, Stevens, Katz & Williams LLP
March 2015
- DOL Updates FMLA Definition of ‘Spouse,' Kegel Kelin Almy & Lord
February 2015
- Child Abuse Legislation: A Piece of the Puzzle Relating to Volunteers, Kegel Kelin Almy & Lord
- Keeping Up With Child Abuse Laws In A Post-Sandusky World: A Practical Legal Guide for Schools, King, Spry, Herman, Freund & Faul
January 2015
- Increase in School District Bid Limits, Kegel Kelin Almy & Lord
- Is More Than FAPE Required? The Departments of Education and Justice Issue Guidance Suggesting Some Students May Need More, King, Spry, Herman, Freund & Faul
Law Firm Newsletters
Summer 2017
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Tucker Arensberg
- Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed by Peers for Failure to Conform to Gender Norms
- District Court Permits Transgender Person Diagnosed with Gender Dysphoria to Sue Under Americans with Disabilities Act
- Pennsylvania Courts Split Over Sexual Orientation Discrimination
- Sharp Pencil Not a Weapon Under Pennsylvania School Code
- School Employee Who Resigned After Her Hospitalization Coverage was Reduced Entitled to Unemployment Compensation
Winter 2017
-
Tucker Arensberg
- Supreme Court of Pennsylvania Holds that Individuals Have a Constitutional Right to Privacy in Their Home Addresses and Other Private Information
- Retired Teacher Awarded Post-Retirement Benefits for Same-Sex Spouse
- Private Sale of Real Property Voided Where District Rejected “Substantially Higher” Offer from Charter School
- The Third Circuit Court of Appeals Denies Teacher Qualified Immunity Under the “State-Created Danger” Theory
- Pennsylvania Supreme Court Held That a Jury Finding of Bad Faith Does Not Mandate a Trial Court to Award Penalties and Attorney Fees Under the Pennsylvania Procurement Code
Fall 2015
-
Tucker Arensberg
- Administration Building Constitutes an “Educational Building” Where Weapons are Prohibited When Student Instruction Occurs in the Building
- Pennsylvania Labor Relations Board Combines Teacher and Support Personnel Bargaining Units
- Claim Arising from Head Injury Dismissed Because the School District Enacted and Followed a Policy Concerning Proper Concussion Protocols
- Email by Principal Disagreeing with Union President Over Confidentiality Issues Deemed an Unfair Labor Practice
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Tucker Arensberg
- Supreme Court Affirms Ruling That School District Has Duty to Transport Student to and from Father’s and Mother’s Separate Residences Within School District
- When is a School District “Deliberately Indifferent” to Student Discrimination Claims?
- Pennsylvania Supreme Court Establishes Test for Specificity Under the Right to Know Law
- General Assembly Adds “Cyber Harrassment” to Pennsylvania Criminal Code
- Failure to Disclose Tax Returns Results in Rescission of Back Pay Award
Summer 2015
-
Tucker Arensberg
- Educational Institutions Permitted to Limit Access to Restrooms and Locker Rooms Based on Biological or “Birth Sex”
- Commonwealth Court Reinstates Teacher Who Was Terminated for Having Three DUI Convictions
- Pennsylvania Supreme Court Holds That a Request for Record That Was Not “Generally” Addressed to the Open-Records Officer Did Not Trigger the Agency’s 5-Day Response Period or Appeal Rights Under the Right-To-Know Law
- School Districts May Not Violate Furlough Provisions Of A Collective Bargaining Agreement in Order to Comply with Highly Qualified Teacher Requirements Of NCLB
- Transfer of Entities Act Not Implicated by Discontinuance of Vo-Tech Academic Programs
April 2015
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Andrews & Beard
- “Spouse” definition under FMLA updated by D.O.L.
- New NLRB election rules survive Congressional challenge
- Employer may fire workers and offer contract positions with release
- Stray remarks do not make age discrimination case
- Employee prevails on retaliation and sex harassment claim
- Striking sexual harasser does not bar retaliation claim
Spring 2015
-
Tucker Arensberg
- Understanding and Managing Compliance with the Affordable Care Act
- Overview of Annual Reporting Requirements / Statements of Financial Interests
- Public Transit Passes Satisfy the Transportation Requirements of the Charter School Law
- Pass the Trash: A Summary of the Employment History Review Requirements Under Act 168