On September 22, 2017, the U.S. Department of Education issued a new FAQ interim guidance document on investigating and adjudicating cases of sexual misconduct, and formally withdrew the guidance that had been issued in 2011 and 2014 on that topic. This new guidance poses many new issues and unanswered questions for K-12 schools regarding the process and scope of the new recommended procedures. … [Read more...] about New USDOE Guidance on Sexual Misconduct on Campus Poses New Challenges for K-12 Schools
School Law Bullet
Ninth Circuit Punts Public Prayer by Football Coach
In a recent case, the Ninth Circuit affirmed the ruling of the district court denying a football coach’s request for a preliminary injunction after he was placed on administrative leave for ignoring district policy regarding student prayer. In Kennedy v. Bremerton School District, an assistant coach for the Bremerton High School (BHS) varsity football team, Joseph A. Kennedy, sought to lead his … [Read more...] about Ninth Circuit Punts Public Prayer by Football Coach
In a Dramatic Shift, Pennsylvania Supreme Court Finds Courts May Wade Into Issue of Educational Funding
The Supreme Court of Pennsylvania, breaking with long established precedent, has found that a court may hear a claim under the Pennsylvania Constitution related into educational funding. Interestingly, nationally this is in line with several other states that have allowed challenges to educational funding under their state constitutions. Politics and Precedent The case of William Penn School … [Read more...] about In a Dramatic Shift, Pennsylvania Supreme Court Finds Courts May Wade Into Issue of Educational Funding
Solving the Funding Problem After Endrew F. Decision
On March 22, 2017, Chief Justice Roberts announced the High Court’s decision in Endrew F. v. Douglas County School District RE-1. In Endrew F., the High Court attempted to define what constitutes a “free appropriate public education” (FAPE) in the Individuals with Disabilities Act (IDEA). Commentators have lauded the decision as mandating that Individualized Education Programs (IEPs) do not … [Read more...] about Solving the Funding Problem After Endrew F. Decision
New Third Circuit Precedent for School Sports Injuries
On September 21, 2017, the Third Circuit Court of Appeals decided a sad controversy involving a high school football player sent back into a practice game after suffering a severe hit to the torso and a possible concussion. The student then experienced a second hit, resulting in a subsequent diagnosis of traumatic brain injury. The appellate court affirmed the district court’s decision that … [Read more...] about New Third Circuit Precedent for School Sports Injuries
Has the Court Rung The Death Knell on Settlement Agreements in Special Education?
A school district was ordered to go to a due process hearing under the IDEA despite the waiver agreement that it had with the parents on the issues. West Chester Area School District v. A.M. and K.M., individually and as parents and natural guardians of C.M. and Charles Jelley, Hearing Officer, Pennsylvania Office of Dispute Resolution, 2017 WL 2623939 (June 19, 2017) In a case of first impression … [Read more...] about Has the Court Rung The Death Knell on Settlement Agreements in Special Education?
