This past month, PDE issued its first revised BEC on charter schools since 2004. The BEC provides guidance to both school districts and charter schools on a range of issues from how initial charter applications should be reviewed by a school district to expectations regarding a charter school’s operations, to relevant factors to consider in a non-renewal or revocation of a charter. The May 2019 … [Read more...] about PDE Issues a Revised Basic Educational Circular (“BEC”) on Charter Schools
School Law Bullet
Commonwealth Court Closes Loophole on School District’s Obligation to Satisfy Charter School’s PSERS’ Obligation
In a January 18, 2019 decision, the Commonwealth Court applied the Pennsylvania Supreme Court’s ruling in Pocono Mountain v PDE that PDE may not withhold from a district’s basic subsidy unpaid PSERS payments owed by a closed charter school and held further that PDE must make the district whole even if the funds have been paid over to PSERS. (2019 WL 255421) Facts in the Case The Catasauqua Area … [Read more...] about Commonwealth Court Closes Loophole on School District’s Obligation to Satisfy Charter School’s PSERS’ Obligation
Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
For the first time in Pennsylvania, a federal court has found that “speech advocating school violence is unprotected” by the First Amendment, even in the absence of the substantial disruption analysis used by Pennsylvania courts to date. In the case of J.R. v. Penns Manor Area School District (W.D.Pa. No. 18-574, Jan. 2, 2019), a federal court may have provided more leeway to school entities … [Read more...] about Pennsylvania Federal Court Finds that Speech Advocating School Violence is Not Protected by the First Amendment
Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
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. This decision, Governor’s Office of Administration v. Campbell, extends the balancing test established by the Pennsylvania Supreme Court in 2017 in Reese v. Pennsylvanians for Union Reform. Request for … [Read more...] about Commonwealth Court Supports Public Employee Privacy Rights Under the Right to Know Law
Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
School districts, like other local political bodies, are offered statutory immunity from certain acts of negligence under the Pennsylvania Tort Claims Act. This statute recognizes eight specifically enumerated instances where a person with a claim will still be able to pierce a school district’s protection and bring a viable court suit. One such ground is based upon a school district’s management … [Read more...] about Pennsylvania Court Clarifies Definition of Real Property Exception to School Tort Claims Liability
Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA Compliance
At the end of 2018, the U.S. Department of Education announced through informal guidance that it was modifying its investigation process for complaints filed under FERPA and moving to “a risk-based approach” in handling such complaints. The guidance goes on to note that the Department believes that the regulations implementing FERPA do not require a formal investigation in every case and suggests … [Read more...] about Department of Education Changes How They Will Respond to FERPA Complaints, but Schools Should Not Let Down Guard on FERPA Compliance
