School Law Bullet

Last week, Governor Wolf signed into law House Bill 158, now Act 4 of 2016, which revises provisions of the School Code related to the required background checks for school employees and how school entities may address cancelled school days, while still providing the required amount of instruction to students. Here are the highlights: Background Checks Act 4 revises the requirements for the age of … [Read more...] about Let Us Speak of Background Checks and Snow Days: Act 4 Revises Provisions of the School Code

The old saying, “No good deed goes unpunished,” is proving true for some administrators and teachers sued by parents whom they reported to child welfare authorities for suspected child abuse. On January 11, 2016, the U.S. Supreme Court declined to review a decision by the Sixth Circuit Court of Appeals imposing personal liability on a public school administrator for reporting suspected child … [Read more...] about Case Proves Mandated Reporters May Be Liable Under Certain Conditions

Today Governor Tom Wolf signed into law Senate Bill 880, which takes several actions with respect to the Keystone Exams and hints that this exam may be on its way to extinction. First, the bill postpones the requirement that Keystone Exams be used as a requirement for graduation until the 2018-2019 school year. It also eliminates the Keystone Exam as the benchmark to determine if a student should … [Read more...] about Keystone Exams Postponed As A Graduation Requirement and Maybe Gone Forever

The recent case of Bristol Township School District v. Z.B., No. 15-4604 (E.D.Pa., Dalzell, J., Jan. 14, 2016) provides a rare federal court ruling on the manifestation determination process required prior to disciplining a student with a disability and it also provides helpful reminders for school entities in carrying out this process. The Facts Z.B. involved a student with ADHD who was suspended … [Read more...] about Federal Court Provides Scrutiny on Manifestation Determination Hearings

A recent video-gone-viral of a school resource officer’s interaction with a student in a Columbia, South Carolina classroom highlights the potential issues that may arise when student discipline and the criminal justice system collide in the educational environment.  The presence of officers in schools may go a long way in creating a safe environment in which teachers can teach and students can … [Read more...] about To Serve and Protect Our Children – U.S. DOJ Speaks On The Role of Security Officers, SROs, and School Police

OSERS has issued new guidance about IEP goals in a Dear Colleague Letter dated November 16, 2015, that appears to set the standard very high for what school districts are supposed to do in IEP goals.  More specifically, the guidance provides “we expect annual IEP goals to be aligned with State academic standards for the grade in which a child is enrolled.” In addition, the guidance provides that … [Read more...] about OSERS Issues Guidance on IEP Goals Inconsistent With Current Case Law, May Create Unrealistic Expectation