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Pennsylvania Senate Passes Bill to Bar Transgender Athletes from Girls’ Sports 

June 21st, 2022

IOn June 6, the Pennsylvania Senate passed Senate Bill 1191, which would bar athletes who were male at birth from playing in girls’ sports programs. In a 30-20 vote primarily split along party lines, Republican proponents talked about safety and unfair competition issues, while those opposed framed the bill as an attack against transgender children.

Commonwealth Court Shields Disclosure of Right to Know Requests for Personal Contact Information

June 20th, 2022

On May 26, the Pennsylvania Commonwealth Court ruled that personal contact information contained in requests submitted under the Right-to-Know Law may be exempted from disclosure. 

School Safety Requirements in Pennsylvania

June 8th, 2022

In the wake of the mass shooting at Robb Elementary School in Uvalde, Texas, school officials are once again hyperfocused on school safety. In Pennsylvania, Act 44 of 2018, enacted following the shooting at Parkland High School in Florida, established several school safety programs, notably the Safe2Say Something Program and mandatory safety training for school staff. 

Pennsylvania Commonwealth Court Holds Evidence of Bad Faith Through Municipal Actions Sanctionable Under Right-to-Know Law

June 6th, 2022

Pursuant to the Right-to-Know-Law, the Commonwealth Court finds a municipality’s unexcused failure to send requested documents until after the Office of Open Records’ ordered deadline, or with redactions, may demonstrate bad faith warranting an imposition of a civil penalty up to $1,500.

Will Changes to the 2020 Title IX Regulations Be Postponed?

May 10th, 2022

While educational institutions are holding their collective breath, anticipating the Department of Education (DOE) releasing its promised Notice of Proposed Rulemaking (NPRM) detailing amendments to the existing 2020 Title IX Regulations, the Fourth Circuit Court of Appeals may have thrown a proverbial “wrench” into that release.

Proposed Tipping Regulation is Approved, Will Also Redefine Who is A Tipped Employee

April 27th, 2022

On March 21, 2022, Pennsylvania’s Independent Regulatory Review Commission (IRRC) approved Governor Wolf’s regulation.  The IRRC justified its approval, finding the new threshold necessary to reflect inflation over the past four decades.  The $30 tip threshold went into effect in 1977.

Charter Rule Changes Would Imposes Stricter Standards in Pennsylvania

March 29th, 2022

Last Monday, the Pennsylvania Independent Regulatory Review Commission passed rules proposed by Governor Wolf which would impose stricter regulatory standards upon Pennsylvania Charter Schools.

Do the Title IX Regulations Apply Retroactively?

March 24th, 2022

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.

Middle District Case Reminds Us Strip Searches Must Be Reserved for Most Serious Circumstances

February 24th, 2022

Closer to home, a strip search lawsuit in the Middle District of Pennsylvania resulted in vindication of school officials’ decision to strip search a male high school student accused of stealing a classmate’s money.

Court Keeps Mask Mandate in Place to Protect Medically Fragile Students

February 8th, 2022

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.