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Are Institutions Liable Under Title IX For Sexual Assault by Third Parties?

January 31st, 2022

The Third Circuit acknowledged that OCR guidance documents are not the applicable standard in 2022. They are superseded by the 2020 Title IX Regulations. However, the 2020 Regulations also require that for Title IX liability to attach to the institution, the institution must have substantial control over the context in which the sexual harassment occurs and substantial control over the alleged harasser, identified in the 2020 Regulations as the “respondent.”

What’s Up With the Title IX Regulations?

January 21st, 2022

Taken together, the new Regulations direct schools to take sexual harassment complaints seriously, but to withhold judgment of the accused perpetrator until the entire process described in the Regulations is completed. This is not business as usual.

Pennsylvania Supreme Court Declines to Implement Mandatory Deadline for Charter School Renewal Process

January 11th, 2022

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.  

EEOC Updates COVID-19 Guidance: When Is COVID-19 Considered a Disability Under the Law?

January 6th, 2022

This new EEOC guidance focuses more broadly on COVID-19, not only Long COVID, and specifically in the context of employment discrimination.

PA Supreme Court Affirms Commonwealth Decision, Overturns Mask Mandate for Schools

December 10th, 2021

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 masking requirement throughout Pennsylvania’s schools. The decision is effective immediately.

Federal Court Decision Substantially Limits Board Control of Public Comments

December 7th, 2021

Recently, U.S. District Judge, Gene Pratter, explained free speech safeguards apply to individuals speaking at public board meetings and entered an order against Pennsbury School District stating the school board’s policies concerning public comments were vague and overbroad. 

Pennsylvania Supreme Court Puts a Pin in Plans to End School Masks By December 4

November 30th, 2021

The ever-evolving saga of the school mask mandate in Pennsylvania took another twist as the litigation over the masking requirement continues.  

Pennsylvania Supreme Court Adds Yet Another Caution to Disciplining Student Speech

November 19th, 2021

In J.S. v. Manheim Township School District, the Court developed this new true threat standard by reasoning that in order for schools to censor a student’s First Amendment right, it shall determine whether the student intended the communication to be a serious expression of an intent to inflict harm.

Beginning December 4, Court Says Schools Must Decide On Their Own Whether to Enforce Masks

November 17th, 2021

As of December 4, 2021, schools must decide on their own whether to enforce mask wearing moving forward.  

Court Speaks on Requirement for Medical Documentation for Medical Mask Exemptions

November 15th, 2021

On November 11, 2021, Judge Mariani, U.S. District Judge for the Middle District of Pennsylvania denied a request for a preliminary injunction to block the implementation of a policy adopted by the Delaware Valley School Board that allowed for medical exemption from the Department of Health’s mandatory masking Order of September 7th without medical documentation.