The Pennsylvania Department of Education (PDE) has issued a new BEC on one-to-one support that makes clear that if a student needs this service, it must be in the IEP, and that the school entity has final responsibility to provide this service and is the payor of last resort. Ensuring Appropriate Services PDE has issued a new BEC on the issue of one-to-one support for special education students … [Read more...] about PDE Issues New BEC to Provide Guidance for Schools on One-to-One Support: District Payor of Last Resort
KingSpry Blog
Third Circuit Decision Opens Floodgates of Unlimited Liability for Compensatory Education
In a matter of first impression among Courts of Appeals, the Third Circuit Court of Appeals has finally settled a long dispute over how to interpret the two-year statute of limitations created under the IDEA in 2004. As discussed below, in the case of G.L. v. Ligonier Valley School District Authority, No. 14-1387 (3d Cir. 2015) the Court found the following: (1) The IDEA statute of limitations … [Read more...] about Third Circuit Decision Opens Floodgates of Unlimited Liability for Compensatory Education
In An ADA Claim, Could Declining Performance Be a Manifestation of a Disability?
A recent case calls attention to this question, of interest to all employers. In the case of Aptaker v. Bucks County Intermediate Unit, No. 14-225 (E.D.Pa. 2015), a special education teacher filed suit after she was fired asserting a claim under the Americans with Disabilities Act. Following the teacher’s disclosure to her employer that she suffered from depression, she “was subjected to … [Read more...] about In An ADA Claim, Could Declining Performance Be a Manifestation of a Disability?
More Reasons for Correcting the Birth Certificate
In continuation of our last piece on Birth Certificates (heARTbeat June 11, 2015), we discussed Pre-Birth Orders and their importance in demonstrating parentage. A Pre-Birth Order is an order that allows you to place the Intended Parents on the birth certificate when the baby is born. In some Pennsylvania counties, Pre-Birth Orders have been issued for same-sex couples and opposite-sex couples … [Read more...] about More Reasons for Correcting the Birth Certificate
Third Circuit Gives Helpful Guidance in Employment Investigations, Especially When there is Concern of a Possible Discrimination Claim
In a recent case out of the Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey and Delaware, the Court provides helpful guidance to employers who are conducting investigations of employees, especially when there is a concern that those employees may later file a complaint against the employer alleging discrimination or harassment. In the case of Jones v. SEPTA, No. 14-3814 (3d. … [Read more...] about Third Circuit Gives Helpful Guidance in Employment Investigations, Especially When there is Concern of a Possible Discrimination Claim
So, What IS the Connection Between Immigration and Adoption?
Despite what you may have heard, the law regarding U.S. citizenship based on place of birth is well settled. U.S. citizenship does not always happen automatically for children born in other countries. However, children who are born in the United States are automatically granted citizenship in accordance with the 14th amendment. These facts are true regardless of the citizenship and legal status … [Read more...] about So, What IS the Connection Between Immigration and Adoption?
