In a new case out of the Middle District of Pennsylvania, the court reinforced the Supreme Court’s Safford decision for measuring whether a strip search of a student might be justified and reasonably related to the scope of the circumstances. Schools should tread carefully and ensure staff are aware of district policies. In 2009, the Supreme Court in Safford Unified School District No. 1 v. … [Read more...] about Middle District Case Reminds Us Strip Searches Must Be Reserved for Most Serious Circumstances
Court Keeps Mask Mandate in Place to Protect Medically Fragile Students
On February 7, 2022, a federal judge ruled that Perkiomen Valley School District must continue to enforce their mandatory masking policy, holding that to end the mandate would violate the Americans with Disabilities Act by putting immunocompromised students at risk. The action was brought by children with disabilities and their parents, on behalf of themselves and similarly situated children, in … [Read more...] about Court Keeps Mask Mandate in Place to Protect Medically Fragile Students
Are Institutions Liable Under Title IX For Sexual Assault by Third Parties?
Several United States Courts of Appeals have made it clear in litigation that a non-student, e.g., a visitor or guest, at a college and/or university campus who is sexually assaulted on campus by a student (or students) of the institution cannot sue the institution under Title IX. But what about a student who is sexually assaulted by a non-student on the campus? Does that prohibition of a Title IX … [Read more...] about Are Institutions Liable Under Title IX For Sexual Assault by Third Parties?
What’s Up With the Title IX Regulations?
Like the Covid pandemic, the 2020 Title IX Regulations are still with us. Title IX is a civil rights act that prohibits discrimination on the basis of sex in all pre K-12 and postsecondary educational institutions that receive federal funding in any part of their programs or activities. Sexual harassment is discrimination on the basis of sex, and Title IX protects all students and employees of the … [Read more...] about What’s Up With the Title IX Regulations?
Pennsylvania Supreme Court Declines to Implement Mandatory Deadline for Charter School Renewal Process
In a recent decision that will most certainly aid the re-convened Charter School Appeal Board (CAB) tackle a review backlog due to its recent hiatus, The Pennsylvania Supreme Court ruled that Section 1729-A(a) of the Charter School law does not impose a mandatory deadline by which a school district must decide to renew or not renew a charter school’s charter. In Eastern University Academy … [Read more...] about Pennsylvania Supreme Court Declines to Implement Mandatory Deadline for Charter School Renewal Process
EEOC Updates COVID-19 Guidance: When Is COVID-19 Considered a Disability Under the Law?
On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 technical assistance to clarify when COVID-19 might qualify as a disability under the Americans with Disabilities Act and the Rehabilitation Act. Earlier in 2021, the Department of Justice and the Department of Health and Human Services had issued guidance on “Long Covid” as a disability. This new … [Read more...] about EEOC Updates COVID-19 Guidance: When Is COVID-19 Considered a Disability Under the Law?
