School Law Bullet Archives - King, Spry, Herman, Freud & Faul, LLC

School Law Bullet

Who Is a “Person” Under Title IX: Conflict Coming?

September 16th, 2019

A 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.

Defining Who Is a “Person” Under Title IX

July 26th, 2019

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.

Pennsylvania’s Act 16 Addresses Many School Issues, Including Tuition Wavers for Foster Youth

July 12th, 2019

Act 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, 2019

When 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, 2019

Earlier 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, 2019

With 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, 2019

For 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, 2019

On 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, 2019

Last 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, 2019

Looking 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.