On March 22, 2017, the Supreme Court ruled in the case of Endrew F. v. Douglas County School District, for the first time since Rowley, on what a Free Appropriate Public Education (FAPE) under the IDEA requires. In Endrew F. , the Court held that to offer a FAPE, “a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” … [Read more...] about Supreme Court Rules on What a FAPE Requires – Has Court Raised the Bar? Or Lowered It In Third Circuit?
Birth Parent Rights Remain Primary Absent Proof of Dependency
Agencies must work to identify birth parents as soon as possible. In a cautionary tale for agencies and pre-adoptive parents alike, on March 6, the Superior Court determined that pre-adoptive parents did not have standing to participate in a custody action filed by the child’s birth father. The Court’s order sets the stage for custody of the child to return to the birth father. The case, K.W. v. … [Read more...] about Birth Parent Rights Remain Primary Absent Proof of Dependency
Prevailing Wisdom: Schools Should Continue to Weigh Transgender Student Needs on Case by Case Basis
On February 22, 2017, the Trump Administration, through the Departments of Education and Justice (the “Agencies”), rescinded guidance issued by his predecessor concerning the rights of transgender students. The Dear Colleague Letter withdrew prior guidance letters issued by the Agencies in January of 2015 and May of 2016. Both of the withdrawn letters provided directives to school districts … [Read more...] about Prevailing Wisdom: Schools Should Continue to Weigh Transgender Student Needs on Case by Case Basis
Student Refugees Prevail: Third Circuit Affirms New School Placement
With all the headlines about the current immigration controversy, recent news for some student refugees is welcome. On January 30, 2017, the Third Circuit Court affirmed the district court’s preliminary injunction, allowing the students to remain at the International School in McCaskey High School, Lancaster School District. The students, ages 18 to 21, individually fled war, turmoil, and … [Read more...] about Student Refugees Prevail: Third Circuit Affirms New School Placement
President’s Executive Orders on Immigration Put School Communities in Difficult Spot
While the recent Executive Orders by President Trump on immigration have garnered significant controversy, they put school entities in a particularly difficult position. Schools, which attempt to work collaboratively with students and their parents in educating students, strive to make themselves a safe and inclusive environment. In addition, schools must now also try balancing efforts to put … [Read more...] about President’s Executive Orders on Immigration Put School Communities in Difficult Spot
Is Slant-ing Trademark Protection An Example of Viewpoint Discrimination?
What do college and university sports teams with names like the Indians or the Redmen have in common with bandleader Simon Tam of “The Slants”? Both potentially run afoul of the federal Patent and Trademark Office (PTO) by refusing to abandon what the PTO calls “disparaging” trademark names. The difference is that colleges and universities have largely abandoned using ethnic stereotypes as team … [Read more...] about Is Slant-ing Trademark Protection An Example of Viewpoint Discrimination?
