On September, 28, 2020, The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) and the United State Department of Education Office for Civil Rights (OCR) each released Q & A documents addressing the implementation of special education services and accommodations under Section 504 during the ongoing COVID-19 environment. These documents do not … [Read more...] about OSEP and OCR Release Guidance for Special Education During COVID
School Law Bullet
Third Circuit Temporarily Reinstates Crowd Limits for School Gatherings
Earlier this week, we published SLB 278 on the latest information with regards to crowd limits for school sports during the COVID-19 pandemic. However, the Third Circuit has since temporarily reinstated Governor Wolf’s gathering size limits while the Commonwealth appeals the Pittsburgh district court’s ruling in the County of Butler case, ruling Governor Wolf’s orders as unconstitutional. Some … [Read more...] about Third Circuit Temporarily Reinstates Crowd Limits for School Gatherings
Weighing Risk at the Line of Scrimmage: Who Has the Authority to Limit School Events?
UPDATE: (10/1/20) The Third Circuit has temporarily reinstated Governor Wolf’s gathering size limits while the Commonwealth appeals the Pittsburgh district court’s ruling in the County of Butler case that they are unconstitutional. Some school districts, relying on the district court’s ruling, had been allowing high school football games to be played in front of crowds. While Governor Wolf has … [Read more...] about Weighing Risk at the Line of Scrimmage: Who Has the Authority to Limit School Events?
Recent Federal Court Decision Holding Wolf’s Limit on Crowd Size Unconstitutional Has No Impact on Public Schools
This past week, a federal judge in Pittsburgh ruled the orders issued by Governor Tom Wolf amid the shutdown in Pennsylvania during quarantine were unconstitutional. U.S. District Judge William S. Stickman held Gov. Wolf’s orders limiting indoor and outdoor gatherings as well as closing nonessential businesses were in violation of the First Amendment right to Freedom of Assembly and the Due … [Read more...] about Recent Federal Court Decision Holding Wolf’s Limit on Crowd Size Unconstitutional Has No Impact on Public Schools
PDE Issues Updated FAQs Regarding Provision of Special Education Services
Whether the plan is a full in-person model, blended learning model, or full remote model, there will inevitably be unforeseen circumstances as school entities implement their 2020-2021 reopening plans. School Teams will need to regularly review and revise safety protocols and programming as changing governmental guidance and directives are issued. Many school districts changed their re-opening … [Read more...] about PDE Issues Updated FAQs Regarding Provision of Special Education Services
Judiciary Halts DeVos Rule of CARES Act Funds to Private Schools
On August 27, 2020, a federal judge in San Francisco, California temporarily blocked Education Secretary Betsy DeVos from enforcing her Coronavirus Aid, Relief, and Economic Security (“CARES”) Act guidance that requires federal COVID-19 response funding to be diverted from K-12 public schools to private schools. Several states, including Pennsylvania, are Plaintiffs in this case. The CARES Act … [Read more...] about Judiciary Halts DeVos Rule of CARES Act Funds to Private Schools
