Last Monday, the Pennsylvania Independent Regulatory Review Commission passed rules proposed by Governor Wolf which would impose stricter regulatory standards upon Pennsylvania Charter Schools. Charter schools educate 170,000 students throughout the state-and that number is growing. There are 179 charter schools, including 14 cyber charter schools, operating in Pennsylvania. One-third of all … [Read more...] about Charter Rule Changes Would Imposes Stricter Standards in Pennsylvania
KingSpry Blog
Do the Title IX Regulations Apply Retroactively?
Hmmmm. Well, the Preamble to the Final Rule says “no;” the 2020 Title IX Regulations are not retroactive for sexual harassment that occurred before the August 14, 2020 effective date of those Regulations. Department of Education (DOE) Q & A documents promulgated on September 4, 2020 and July 20, 2021 confirmed that the 2020 Regulations are not retroactive. But in October 2020, the federal … [Read more...] about Do the Title IX Regulations Apply Retroactively?
Middle District Case Reminds Us Strip Searches Must Be Reserved for Most Serious Circumstances
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?
