Courts in Pennsylvania have been quick to respond to the “new” FAPE standard established by the Supreme Court in Endrew F. v. Douglas County School District, which was decided a mere two weeks ago. And, as predicted, the standard for a FAPE in the Third Circuit, at least for now, remains unchanged by Endrew F. According to the courts in the Eastern District of Pennsylvania in the matters of … [Read more...] about You Heard It Here First – Endrew F. and E-mails as FERPA Records
KingSpry Blog
Pennsylvania Employers Beware: Discrimination Because Of Sex May be Broader than You Think
Under Title VII of the Civil Rights Act (“Title VII”) and the Pennsylvania Human Relations Act (“PHRA”), an employer may not discriminate “because of sex”. Harassment may be viewed as a form of discrimination “because of sex”. According to two recent cases, Pennsylvania Federal Courts view “because of sex” more broadly than the traditional notions of sexual harassment in the workplace. Marykate … [Read more...] about Pennsylvania Employers Beware: Discrimination Because Of Sex May be Broader than You Think
Commonwealth Court Reiterates Need to Make Gifted Programming Individualized
On March 6, 2017, in the case of Downingtown Area School District v. K.D., the Pennsylvania Commonwealth Court issued a rare ruling in the area of gifted education, reminding school districts of the need to ensure that gifted education and placements must “be tailored to a student’s individual gifted needs, including the instructional environment, methods and manner of instruction.” Background In … [Read more...] about Commonwealth Court Reiterates Need to Make Gifted Programming Individualized
Supreme Court Rules on What a FAPE Requires – Has Court Raised the Bar? Or Lowered It In Third Circuit?
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
