In a step forward for public education, courts are beginning to scrutinize more closely the fee demands made by parent's counsel in IDEA and related cases as a result of challenges to those fees by district counsel. Amendment Results in Change to the Practice Under the IDEA In 1990, Congress amended the IDEA to permit award of attorney’s fees to parents who prevail at a hearing. Thus, in … [Read more...] about Courts Begin to Push Back on Exorbitant Prevailing Party Attorneys’ Fees
KingSpry Blog
Who Is a “Person” Under Title IX: Conflict Coming?
In July, Collegiate Comment reported on the growing number of court decisions in various jurisdictions that are refusing to recognize causes of action under Title IX brought by individuals sexually assaulted at colleges and universities. These rulings require that to sustain a Title IX cause of action, the victim of the assault and the alleged perpetrator must both be enrolled at the same … [Read more...] about Who Is a “Person” Under Title IX: Conflict Coming?
Pennsylvania Supreme Court Agrees to Hear a Case in Which Two Prior Court Rulings Question Whether Pennsylvania will Follow the National Trend of Promoting Employees’ Ability to Change Jobs
In Pittsburgh Logistics Systems, Inc. v. BeeMack Trucking, LLC, Pittsburgh Logistics Company sought a preliminary injunction to enforce a contractual no-hire provision it had with BeeMack Trucking. The no-hire provision prevented BeeMack, during the term of the contract and for two years after its termination, from hiring or soliciting any employee of Pittsburgh Logistics Systems, Inc. After four … [Read more...] about Pennsylvania Supreme Court Agrees to Hear a Case in Which Two Prior Court Rulings Question Whether Pennsylvania will Follow the National Trend of Promoting Employees’ Ability to Change Jobs
Defining Who Is a “Person” Under Title IX
A Title IX lawsuit is a cause of action against an educational institution, not against an individual or group of individuals. Sexual assault is considered to be discrimination on the basis of sex, and individuals who experience sexual assault may bring a Title IX claim against the educational institution if the institution is deliberately indifferent to the assault. However, at least three … [Read more...] about Defining Who Is a “Person” Under Title IX
Pennsylvania’s Act 16 Addresses Many School Issues, Including Tuition Wavers for Foster Youth
Act 16 was signed into law on June 28, 2019 and addresses a variety of School Code provisions. Pennsylvania Establishes Tuition Waver for Foster Youth Part of the many School Code revisions established in Act 16 of 2019, the Fostering Independence Through Education Act establishes a tuition and fee waiver opportunity for youth in foster care who enroll in Pennsylvania colleges and … [Read more...] about Pennsylvania’s Act 16 Addresses Many School Issues, Including Tuition Wavers for Foster Youth
Governor Signs Bill Clarifying Requirements for School Security Personnel to Carry Firearms
Act 44 of 2018, enacted on June 22, 2018, established several school safety programs, including the Safe2Say Program and mandatory safety training for school staff. The law also highlighted differences between the role and duties of a school police officer and a school security guard, and limited the law enforcement officers who are eligible to act as school resource officers. Several months … [Read more...] about Governor Signs Bill Clarifying Requirements for School Security Personnel to Carry Firearms
