Indicative of the increased attention being given to school safety and security nationwide, on June 22, 2018, Governor Wolf signed into law two legislative bills amending the Public School Code of 1949, House Bill 1448 and Senate Bill 1142. These amendments include an extension of the authority of school boards to hold executive sessions when discussing sensitive security issues, and require that … [Read more...] about Legislature Makes Common Sense Clarifications to Sunshine Law in Respect to School Safety Concerns
School Law Bullet
Supreme Court Rules “Fair Share/Agency Fees” Unconstitutional
In a complete reversal of current law and in a decision certain to have national and direct political ramifications, the Supreme Court ruled today that the collection of agency fees by public employee unions violates the constitutional rights of the non-union members of the employer. In Janus v. AFSCME Local 2600, the Court specifically held that the State of Illinois’ extraction of “fair … [Read more...] about Supreme Court Rules “Fair Share/Agency Fees” Unconstitutional
Failing to Respond to Bullying in Timely Manner Costly for Both Student and Schools
A recent case out of the Philadelphia Court of Common Pleas demonstrates just how costly the failure to respond to bullying can be. In the case of Juanita J. W. v. School District of Philadelphia, the Court awarded a student who was the victim of bullying that was not properly addressed by the school district $500,000 for the significant injuries sustained by the student, plus attorney’s fees and … [Read more...] about Failing to Respond to Bullying in Timely Manner Costly for Both Student and Schools
Court Defines Concept of Resignation and Constructive Discharge in Termination of School Superintendents
In a recently decided case, Pennsylvania’s top court had the opportunity to make several rulings in the area of law regarding the employment of school Superintendents. The rulings involved the broad concept of constructive discharge, while the narrower ruling examined the definition of a resignation, the applicability of the statutory procedure for removal once the court has determined a … [Read more...] about Court Defines Concept of Resignation and Constructive Discharge in Termination of School Superintendents
Third Circuit Court of Appeals Reminds Schools of the Power of the Ten Day Offer in Special Education Disputes, But With a Catch
Recently the Third Circuit Court of Appeals reminded school entities of the value of the Ten Day Offer in special education disputes, but found for the first time that such offers must include an offer of attorney’s fees. Under the IDEA, the Ten Day Offer rule provides that if a school entity makes a settlement offer in writing more than ten days prior to a due process hearing, but the parents … [Read more...] about Third Circuit Court of Appeals Reminds Schools of the Power of the Ten Day Offer in Special Education Disputes, But With a Catch
Department of Education Clarifies Whether Photos or Videos are Records Under FERPA
This past April, the United States Department of Education provided clarification as to when a video or photo constitutes an education record under the Family Educational Rights and Privacy Act (FERPA.) In its informal guidance, the Department noted that photos or videos should be reviewed on the same basis as any other record to determine (1) if it directly related to the student in question and … [Read more...] about Department of Education Clarifies Whether Photos or Videos are Records Under FERPA
