Students and their Parents bear the burden of showing by a preponderance of the evidence that a School District violated its Child Find obligation under Section 504. Absent sufficient evidence of the same and where the District acted reasonably, liability does not attach. Overview of Prior Third Circuit Decision Back in 2024, the Third Circuit ruled in B.S.M. v. Upper Darby School … [Read more...] about Third Circuit Confirms Child Find Obligations Under Section 504
School Law Bullet
First Circuit Reinforces States’ Authority to Restrict Where Publicly Funded Special Education Services Are Provided to Private School Students
In Hellman v. Mass. Dep’t of Elementary and Secondary Education (1st Cir. Mar. 20, 2026), the parents of E.H. and H.H. (“Parents”), two children with disabilities enrolled in private school, challenged the Massachusetts law requiring that “special education services funded by state or local funds [be] provided in a public school facility or other public or neutral site” (the “Place Regulation”) by … [Read more...] about First Circuit Reinforces States’ Authority to Restrict Where Publicly Funded Special Education Services Are Provided to Private School Students
Two Recent Developments in School First Amendment Litigation
For those of us who are fascinated by the First Amendment and its applications in an education setting, two recent developments in Free Speech school litigation are worth noting. While both cases are outside the Commonwealth of Pennsylvania, the topics addressed are faced by districts in communities across the country. Roosevelt UFSD v. Wantagh UFSD et al. (Eastern Dist. N.Y. March … [Read more...] about Two Recent Developments in School First Amendment Litigation
PA Senate Passes Bill Establishing Safeguards for AI Chatbots Accessible By Minors
On March 17, 2026, Senate Bill No. 1090 (Protecting Children from Harmful AI Chat Interactions) passed with near-unanimous support in the Pennsylvania Senate. Likely to pass in the Pennsylvania House of Representatives, school administrators are encouraged to review the prospective law and potential implications on the use of artificial intelligence in schools. The SAFECHAT Act Senate Bill … [Read more...] about PA Senate Passes Bill Establishing Safeguards for AI Chatbots Accessible By Minors
U.S. Department of Education Updates Guidance on Prayer and Religious Expression in Schools
On February 5, 2026, the United States Department of Education (USDOE) issued updated guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools. This updated guidance supersedes the 2023 Guidance issued under the Biden Administration. Both the 2023 and 2026 guidance require that, to receive federal funding, elementary and secondary public … [Read more...] about U.S. Department of Education Updates Guidance on Prayer and Religious Expression in Schools
Proposed Law Contemplates Statewide Ban on Student Cellphone Use
On February 3, 2026, Senate Bill No. 1014 passed with near unanimous support in the Pennsylvania Senate. Likely to pass in the Pennsylvania House of Representatives, Pennsylvania school administrators are encouraged to review the prospective law and its implications on student cellphone usage in schools. Mandatory Policies If enacted, the law will require school entities to adopt “a policy … [Read more...] about Proposed Law Contemplates Statewide Ban on Student Cellphone Use
