School Law Bullet Archives - King, Spry, Herman, Freud & Faul, LLC

School Law Bullet

Overstepping Authority? Controversial Policy on Arming School Personnel Faces Legal Challenges

December 27th, 2018

Tamaqua Area School Board Policy allowing the arming of school personnel and the use of deadly force faces serious legal challenges in lawsuit brought by teacher’s union.

Federal School Safety Commission Issues Recommendations

December 18th, 2018

The Federal School Safety Commission, created earlier this year following the school shooting in Parkland, Florida, issued a 180 page report this week with recommendations in three areas to address school violence: prevention; protection and mitigation; and response and recovery.

Commonwealth Court Steadfastly Refuses to Exempt Bus Videos Depicting Students from Disclosure Under the Right to Know Law

December 12th, 2018

On December 10, 2018, the Commonwealth Court issued a second opinion requiring the disclosure of bus videos as public records, ignoring concerns of privacy or safety.

Changes Proposed to Title IX Regulations: Make Your Voice Heard

December 4th, 2018

As predicted, the Department of Education recently released its proposed regulations for Title IX. Under federal law, the public must be given an opportunity to comment on the proposed regulations before any regulation is formally adopted and implemented.

Third Circuit finds Endrew F. Does Not Change FAPE Standard, Offers Other Instructive Guidance to School Entities

October 18th, 2018

In new case, the Third Circuit explains that the standard articulated by the Supreme Court in Endrew F. for what is required for a FAPE mirrors the Third Circuit’s prior findings.

Courts Move Toward Reduction Or Rejection In Attorney Fee Cases

October 18th, 2018

The Third Circuit recently held in a series of cases that an attorney fee request by a prevailing party can be so out of proportion to the claims pursued to merit a reduction or in some instances, so outrageous that a reviewing court is entitled to reject the entire request and award nothing at all.

Rare Federal Court Review of A Manifestation Determination Reminds School Teams to Make an Individualized Determination

October 8th, 2018

In a rare review of a manifestation determination under the IDEA, a federal court reminded school entities and parents of the need to look to the specific student’s disability and how it presents, rather than a generalized notion of the disability in question.

Don’t Turn Buddy the Dog Away – Recent Third Circuit Case Reminds Schools of Obligations to Accommodate Service Animals

September 25th, 2018

In the case of Buddy the Dog, the Third Circuit Court of Appeals reminded school entities of their obligations to accommodate service animals and that there is a very limited number of reasons why a school can say no to such requests.

Supreme Court Clarifies Meaning of “Operation” Regarding Immunity for Operation of Municipal Vehicles

August 31st, 2018

Recent decision will have an impact for education involving cases where an injury is alleged to have occurred as a result of, or on, school-owned and operation vehicles such as buses or vans.

Third Circuit Court Stalls Backdoor Attack on Transgender Bathroom Access

July 11th, 2018

The students brought three claims, arguing that the policy constituted a violation of their constitutional right to privacy, a violation of Title IX, and a violation of state tort law.