The Office for Civil Rights has just issued guidance as to how Section 504 of the Rehabilitation Act of 1973 applies to the use of student discipline. Its focus is the balancing that schools must do when considering providing for a student’s disability-based behaviors on the one hand, and maintaining an appropriate and safe learning environment for all students on the other. Section 504 is a civil … [Read more...] about Walking The Tightrope: Student Discipline Under Section 504
School Law Bullet
Pennsbury School District Settles a Lawsuit for $300,000 Brought By Four Residents Who Challenged School Board Policies Restricting Public Comment Speech at Board Meetings
Following the filing of a lawsuit by four residents accusing the Pennsbury School Board of curtailing public comments and enforcing unconstitutional free speech policies at Board meetings, the Pennsbury School District agrees to pay a $300,000 lawsuit settlement. The First Amendment of the U.S. Constitution guarantees the right to freedom of speech and allows individuals to express themselves … [Read more...] about Pennsbury School District Settles a Lawsuit for $300,000 Brought By Four Residents Who Challenged School Board Policies Restricting Public Comment Speech at Board Meetings
Act 55 Extends Enrollment for Students with Disabilities to Combat Lost Opportunities from COVID-19
On July 8, 2022, Governor Tom Wolf signed Act 55 of 2022 into law, intending to address ongoing learning losses stemming from the COVID-19 pandemic. Act 55 expands the opportunity for extended enrollment to students with disabilities. Last year, Act 66 of 2021 (Act 66) permitted students enrolled during the 2020-21 school year to repeat their grade level to counteract any lost educational … [Read more...] about Act 55 Extends Enrollment for Students with Disabilities to Combat Lost Opportunities from COVID-19
Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done
In a recent case from the Third Circuit, a school district prevailed against parents’ claims for failure of child find, for denial of FAPE and for private school tuition, both at hearing and in all levels of the parents’ appeals to the federal courts. J.M. o/b/o C.M. v. Summit City Board of Education (July 1, 2022). The district prevailed simply because it was professional and responsive. At issue … [Read more...] about Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done
Department of Education Releases New Title IX Regulations
On June 23, 2022, fifty years to the day after President Nixon signed Title IX of the Education Amendments of 1972, Dr. Miguel Cardona, President Biden’s Secretary of Education, announced the much-anticipated 2022 Title IX Regulations, the fulfillment of Biden’s March 8, 2020 Executive Order guaranteeing an educational environment free from sex discrimination for all students. The goal of the … [Read more...] about Department of Education Releases New Title IX Regulations
U.S. Supreme Court Gives Win to Football Coach in Prayer Case
On June 27, the U.S. Supreme Court ruled in Kennedy v. Bremerton School District that a Washington state public school district cannot prohibit a high school football coach from praying at the 50-yard line after a game. “The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike,” Justice Neil … [Read more...] about U.S. Supreme Court Gives Win to Football Coach in Prayer Case
