As a general rule, school actors are immune from tort claims under theories of sovereign immunity. However, in a recent case coming out of the Third Circuit, there seems to be a slight shift towards textualism when applying the doctrine. How does this “state-created danger” theory of liability affect school districts? Generally speaking, school districts are immune from lawsuits for injuries to … [Read more...] about New Case Brings Into Question Whether “State Created Danger” Liability Affects Districts
OSEP and OCR Release Guidance for Special Education During COVID
On September, 28, 2020, The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) and the United State Department of Education Office for Civil Rights (OCR) each released Q & A documents addressing the implementation of special education services and accommodations under Section 504 during the ongoing COVID-19 environment. These documents do not … [Read more...] about OSEP and OCR Release Guidance for Special Education During COVID
The New Norm for the School Year Causes New Problems for Divorced and Separated Parents
In general, choosing which school learning model is best for your child can lead to custodial and child support implications, so it is not surprising to see an uptick in custodial disputes between divorced or separated parents regarding the non-traditional reopening plans schools have implemented in response to COVID-19. The authority over major decisions including but not limited to a child’s … [Read more...] about The New Norm for the School Year Causes New Problems for Divorced and Separated Parents
Third Circuit Temporarily Reinstates Crowd Limits for School Gatherings
Earlier this week, we published SLB 278 on the latest information with regards to crowd limits for school sports during the COVID-19 pandemic. However, the Third Circuit has since temporarily reinstated Governor Wolf’s gathering size limits while the Commonwealth appeals the Pittsburgh district court’s ruling in the County of Butler case, ruling Governor Wolf’s orders as unconstitutional. Some … [Read more...] about Third Circuit Temporarily Reinstates Crowd Limits for School Gatherings
Weighing Risk at the Line of Scrimmage: Who Has the Authority to Limit School Events?
UPDATE: (10/1/20) The Third Circuit has temporarily reinstated Governor Wolf’s gathering size limits while the Commonwealth appeals the Pittsburgh district court’s ruling in the County of Butler case that they are unconstitutional. Some school districts, relying on the district court’s ruling, had been allowing high school football games to be played in front of crowds. While Governor Wolf has … [Read more...] about Weighing Risk at the Line of Scrimmage: Who Has the Authority to Limit School Events?
Where Does Stickman Court Decision Leave Businesses and Restaurants Now?
Recently, a federal judge in Pittsburgh ruled that certain preventative actions taken by Governor Wolf during the early stages of the COVID-19 pandemic were unconstitutional. U.S. District Judge William S. Stickman IV held Governor Wolf’s stay-at-home and business closure orders, as well as his indoor/outdoor gathering restrictions, violated the First Amendment and the Due Process and Equal … [Read more...] about Where Does Stickman Court Decision Leave Businesses and Restaurants Now?
