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School Law Bullet

Extending the FFCRA May Assist Districts Trying to Resume In-Person Instruction

January 15th, 2021

As COVID-19 vaccines become available, there are questions about whether schools can make it mandatory for their students or staff to get vaccinated.

US DOE Says Title IX Does Not Protect Sexual Orientation, Says Bostock Limited to Title VII

January 13th, 2021

As COVID-19 vaccines become available, there are questions about whether schools can make it mandatory for their students or staff to get vaccinated.

Can Schools Make COVID Vaccination Mandatory for Students or Staff?

January 12th, 2021

As COVID-19 vaccines become available, there are questions about whether schools can make it mandatory for their students or staff to get vaccinated.

Right To Know Law Compliance More Costly as 2021 Begins

January 5th, 2021

On December 22, 2020, the Pennsylvania Supreme Court issued a decision addressing Agency obligations and the sanction provisions contained in the Right to Know Law.

Omnibus Bill Clarifies Transportation Subsidies, Non-Public Transportation and More

December 9th, 2020

Act 136 delivers two costly messages for public schools on student transportation. School Districts must continue to pay transportation vendors a portion of their costs even if they are not transporting students, and districts must provide transportation to non-public schools whether or not they are transporting their own public school students.

Governor Wolf Vetoes Pandemic Liability Protections for Schools

December 3rd, 2020

Protecting these entities from a liability “in such a broad fashion”, Governor Wolf explained, “would only invite the potential for carelessness and disregard for public safety.”

Governor’s Attestation Order Raises Questions for School Districts in “Substantial” Counties

November 24th, 2020

School districts in counties of substantial transmission rates must agree and sign a state certification that they are following the orders of Governor Wolf and Dr. Levine if they wish to continue to offer in-person instruction.

PA Supreme Court Overturns Case of PennDOT Employee Who Made Threatening Facebook Post

November 23rd, 2020

The Pennsylvania Supreme Court recently overturned a Commonwealth Court’s decision that held a probationary PennDOT employee’s First Amendment rights to free speech were violated when PennDOT fired her for a post on Facebook about school bus drivers.

Public School Code Revision Requires Separation of Perpetrators and Victims of Sexual Assaults

November 17th, 2020

A strict separation of perpetrator and victim is now required under the law, not only by classroom, but throughout the school day, including extracurricular activities.

School Board Member Email Addresses to be Public

October 30th, 2020

The First Amendment right to free speech is rooted in our constitution, providing an individual with the freedom to express their opinions and ideas without censorship or legal repercussions. Schools are now looking for guidance on how to respond and handle a situation where a student is kneeling before the national anthem without violating any constitutional rights.