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.
School Law Bullet
Defining Who Is a “Person” Under Title IX
July 26th, 2019Pennsylvania’s Act 16 Addresses Many School Issues, Including Tuition Wavers for Foster Youth
July 12th, 2019Act 16 was signed into law on June 28, 2019 and addresses a variety of School Code provisions.
Governor Signs Bill Clarifying Requirements for School Security Personnel to Carry Firearms
July 5th, 2019When signing the law, Governor Wolf noted that Act 67 does not authorize teachers to be designed as security personnel.
PDE Issues a Revised Basic Educational Circular (“BEC”) on Charter Schools
June 6th, 2019Earlier this month, PDE issued its first revised BEC on charter schools since 2004.
Commonwealth Court Closes Loophole on School District’s Obligation to Satisfy Charter School’s PSERS’ Obligation
February 13th, 2019With the Pocono Mountain case, and now the Catasaqua case, Pennsylvania courts have cured a fundamental unfairness to chartering school districts forced to make up failing charter schools pension system obligations with no way of recovering that cost.
Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
February 1st, 2019For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment.
Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
January 31st, 2019On January 24, 2019, the Commonwealth Court held that personal information such as birthdates and places of residence for public employees should not be disclosed under the Right To Know Law.
Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
January 30th, 2019Last month, the Pennsylvania Supreme Court was asked to determine whether the absence of padding on a gym wall that a student ran into during gym class causing injury, constituted negligence in the care, custody and control of its real property, and as a result fell within the state’s real estate exemption to liability.
Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA Compliance
January 28th, 2019Looking at the two purposes of FERPA – providing privacy to students for information contained in their records and providing access to students and parents to their own information – at times may be best achieved through less formal means than a formal investigation.
Who Is a “Person” Under Title IX: Conflict Coming?
September 16th, 2019A 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.
Posted in Collegiate Comment, KingSpry Blog, School Law Bullet