A lesbian couple planned to have a baby using in vitro fertilization, but when their marriage started to crumble, they found themselves in court arguing over custody. In a recent 2-1 ruling, the Pennsylvania Superior Court ruled in favor of the biological mother, saying there was no "enforceable contract in place" conferring rights on the bio mom’s spouse. The case highlights how crucial it … [Read more...] about Pennsylvania Appeals Court Rejects Non-Bio Mom’s Bid for Custodial Rights
Professional Development or Compelled Speech? Petition Claims Teacher Training Guidelines Are Unconstitutional
Three Pennsylvania school districts and several teachers, board members, and parents, filed a petition against the Pennsylvania Department of Education (“PDE”) on April 17, 2023, challenging new guidelines implemented by PDE relating to educator preparation, induction, and continuing professional development. The petition alleges these guidelines, among other things, violate Pennsylvania’s … [Read more...] about Professional Development or Compelled Speech? Petition Claims Teacher Training Guidelines Are Unconstitutional
The Passing of House Bill No. 299 Signals Potential Change for Pennsylvania’s Public Employment Sector
On May 2, 2023, the Pennsylvania House of Representatives approved House Bill No. 299, which aims to extend OSHA safety protections to the public sector. Upon passage in the state Senate, HB 299 will enforce drastic changes for which public employers and public employees should prepare. KingSpry’s Employment Law Attorney Avery E. Smith emphasizes what the Public Sector needs to know, should HB 299 … [Read more...] about The Passing of House Bill No. 299 Signals Potential Change for Pennsylvania’s Public Employment Sector
In The Court of First Amendment Law, Satan Club: 1, School District: 0
A U.S. District Court has granted preliminary injunction permitting the Satan Club to use a school district’s facilities. What are the central issues and how should school districts handle these questions in light of the recent trend for courts to find in favor of free speech? On May 1, 2023, U.S. District Court Judge John M. Gallagher ordered Saucon Valley School District to permit the … [Read more...] about In The Court of First Amendment Law, Satan Club: 1, School District: 0
U.S. Department of Education Proposes Change to Title IX Regulations on Student Eligibility for Athletic Teams
In advance of the long-predicted May 2023 issuance of new Title IX regulations, the U.S. Department of Education issued a proposed Title IX rule on April 6th that is designed to expand the meaning of sexual discrimination to include gender identity. This change would prevent schools and colleges from barring transgender athletes from competing on female sports teams. The new rule would … [Read more...] about U.S. Department of Education Proposes Change to Title IX Regulations on Student Eligibility for Athletic Teams
South Hanover’s Appointment of Board Member Did Not Violate Sunshine Act
A Pennsylvania appeals court has ruled that the South Hanover Township Board of Supervisors did not violate the Sunshine Act when it appointed an individual to fill a vacancy where board members have informed discussions about who to approve. The court’s opinion offers guidance to public school boards that may find themselves dealing with similar issues. For example, the court held that … [Read more...] about South Hanover’s Appointment of Board Member Did Not Violate Sunshine Act