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

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Law Firm Articles

September 2017

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December 2016

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December 2015

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Law Firm Newsletters

Summer 2017

  • 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
  • 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

  • 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

e-Resources

We hope you find these online resources helpful, but please note that these resources are for informational purposes only and are not a substitute for the advice or assistance of your school district solicitor.