In an interesting case out of the Eastern District of Pennsylvania, a court has found that a voluntary change of course by a school district, even in the course of due process, does not confer prevailing party status upon the parents. In the case of G.B. v. Easton Area School District (No. 17-551 E.D.Pa., Aug. 29, 2017) it was found that a voluntary choice to give the parents what they wanted in … [Read more...] about Complying With Request for Records Does Not Make Parents Prevailing Parties
School Law Bullet
In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
A recent Third Circuit Court of Appeals decision stresses the importance of clear, written documentation of roles and responsibilities in any academic collaborations between a private entity and a state university. When Angela Borrell, a student in the Nurse Anesthetist Program (NAP) jointly administered by Bloomsburg University and Geisinger Medical Center, was dismissed from the program, she … [Read more...] about In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
In Special Education Cases, It’s Not Over Until It’s Over
In a decision likely to cause anguish among public school officials, the Third Circuit Court of Appeals retrospectively granted “prevailing party” status to parents of a child, whom the parents had unilaterally placed in private school because parents believed the child’s Individualized Education Program (IEP) was inadequate. The award of attorneys’ fees to parents was granted years after several … [Read more...] about In Special Education Cases, It’s Not Over Until It’s Over
Can a Non-Student Bring a Title IX Lawsuit Against a College?
The Eighth Circuit recently affirmed the dismissal of a Title IX lawsuit by a sixteen-year-old high school junior who was visiting the college and alleged she was given alcohol and sexually assaulted at a college fraternity party. Title IX is a federal statute that prohibits sexual discrimination, including sexual harassment and sexual assault, “on the basis of sex.” The Eighth Circuit’s ruling … [Read more...] about Can a Non-Student Bring a Title IX Lawsuit Against a College?
Guns-in-Schools Bill: Life-saving or Liability?
In May 2017, SLB 204, KingSpry reported that Republican Senator Don White’s bill proposing that Pennsylvania school districts allow school personnel to carry guns in schools was being considered by the Legislature’s Education Committee. That bill, SB 383, passed the Senate on June 28, 2017 by a vote of 28-22, and now is in the House Education Committee for consideration. However, a last-hour … [Read more...] about Guns-in-Schools Bill: Life-saving or Liability?
Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
Disciplinary action against a protected employee likely occurs on an almost weekly basis in some schools throughout the state. Though there are small differences in procedures, all such proceedings must incorporate certain basic constitutional protections such as Loudermill hearings. Just recently, the Commonwealth Court had the opportunity to weigh in on the termination of a superintendent, … [Read more...] about Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
