On September 6, the Third Circuit determined that the parent of a child may bring claims to hold a classroom teacher personally liable for the child’s injuries. This case discussed the “state-created danger” exception to the immunity usually granted to government employees while acting in the course of their official duties. The Facts In January, 2013, a woman came to a kindergarten classroom in … [Read more...] about Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
School Law Bullet
Pennsylvania Supreme Court to Review Challenge to District’s Right to Appeal Under-Assessed Properties
The Pennsylvania Supreme Court is currently reviewing matters concerning one of a district’s most basic financial vital lines, real estate tax, and you probably did not even know it. On April 26, 2016, the Supreme Court granted a petition for allowance of appeal in the matter of Morgan Properties Abrams Run Owner LP, et al v. Upper Merion Area School District, et al. This is an action for … [Read more...] about Pennsylvania Supreme Court to Review Challenge to District’s Right to Appeal Under-Assessed Properties
USDOE Hints That Pattern of Student Discipline May Signal FAPE Violation
In a Dear Colleague Letter issued on August 1, 2016, the Department of Education takes aim at addressing concerns about the discipline and behavior supports provided to students who qualify under the IDEA and suggests that shorter suspensions, while permissible under the IDEA, may in fact be an indication of a denial of a FAPE. While the guidance does not change current law, it does argue quite … [Read more...] about USDOE Hints That Pattern of Student Discipline May Signal FAPE Violation
Operate a Cyber or Cyber Charter Program? The Department of Education May Have Your Special Education Programming In Its Sights
On August 5, 2016, the United States Department of Education issued a Dear Colleague Letter reminding school entities that they are required to provide appropriate special education programing to students under the IDEA, including when those students are in a cyber or virtual program, whether it be a district-operated cyber program or a cyber charter school. While the guidance does not change … [Read more...] about Operate a Cyber or Cyber Charter Program? The Department of Education May Have Your Special Education Programming In Its Sights
Supreme Court Temporarily Blocks Transgender Student’s Access To Restroom, But Ruling May Not Predict Future Decisions
Wednesday, August 3, 2016, the U.S. Supreme Court “temporarily” weighed in on a transgender student’s right to use the restroom which corresponds to his gender identity. The Order is a result of Gloucester County School Board v. G.G., a Virginia case where a transgender student sued to gain access to the boys’ bathroom. G.G. is a high school student at Gloucester High School in Virginia. G.G. … [Read more...] about Supreme Court Temporarily Blocks Transgender Student’s Access To Restroom, But Ruling May Not Predict Future Decisions
U.S. Department of Education Guidance on Civil Rights of Students with ADHD Clarifies And Highlights Schools’ Obligations Under Section 504
On July 26, 2016, the U.S. Department of Education issued guidance in the form of a Dear Colleague Letter and an accompanying resource guide, entitled “Students with ADHD and Section 504: A Resource Guide” to clarify the obligations of schools that received federal funds to students with attention-deficit/hyperactivity disorder (“ADHD”) or attention-deficit disorder (“ADD”) under Section 504 of … [Read more...] about U.S. Department of Education Guidance on Civil Rights of Students with ADHD Clarifies And Highlights Schools’ Obligations Under Section 504
