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?
PA Supreme Court Affirms Commonwealth Decision, Overturns Mask Mandate for Schools
On December 10th, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s decision overturning the Wolf Administration’s mask mandate for K-12 schools. In what will likely be the final chapter of the roller coaster school mask mandate saga in Pennsylvania, the Pennsylvania Supreme Court has affirmed the Commonwealth Court’s November 10, 2021, order voiding Acting Secretary of Health’s … [Read more...] about PA Supreme Court Affirms Commonwealth Decision, Overturns Mask Mandate for Schools
