On Friday, December 19, 2014, President Barack Obama signed into law the Achieving a Better Life Experience Act (the “ABLE” Act). The ABLE Act, which was met with wide-spread bipartisan support in both the House and the Senate, is an amendment to Section 529 of the Internal Revenue Code of 1986 and calls for states to create programs under which tax-free saving accounts for individuals with … [Read more...] about Will the ABLE Act Be Able to Make a Difference?
School Law Bullet
Is More Than FAPE Required? The Departments of Education and Justice Issue Guidance Suggesting Some Students May Need More
The United States Departments of Education and Justice recently issued a letter and frequently asked questions document regarding effective communication services for students with hearing, vision or speech disabilities that school districts and other public educational entities should be aware of. Communication services are given special consideration. While the document itself appears to rehash … [Read more...] about Is More Than FAPE Required? The Departments of Education and Justice Issue Guidance Suggesting Some Students May Need More
Double or Nothing – Has Re-Exhaustion Become an Excuse for Non-Exhaustion Under the IDEA?
In an interesting case out of the Eastern District of Pennsylvania, the Court found that parents who filed an appeal in a special education due process matter that they lost could simply add as an issue in the appeal a newly-proposed IEP, rather than filing a new due process complaint to contest the appropriateness of the new IEP. In J.N. v. Penn-Delco School District, parents sought tuition … [Read more...] about Double or Nothing – Has Re-Exhaustion Become an Excuse for Non-Exhaustion Under the IDEA?
Students Love Technology, Even When it Comes to Smoking – Why School Entities Should Act to Prohibit Electronic Cigarettes on Campus
While smoking has been unlawful on school campuses in Pennsylvania for several years, it appears that current federal and state laws that apply these bans do not include electronic cigarettes. As a result, school entities should act to address this issue on their own campuses and update their policies as needed. Pennsylvania’s Clean Indoor Act prohibits smoking in a public place and defines … [Read more...] about Students Love Technology, Even When it Comes to Smoking – Why School Entities Should Act to Prohibit Electronic Cigarettes on Campus
School District Is Awarded Costs Against a Parent Under the IDEA
In a case of first impression under the IDEA, the District Court for the Eastern District of Pennsylvania rendered a verdict against a parent on behalf of a school district be- cause, the Court found, the parent used an administrative due process hearing for an improper purpose, to needlessly increase the costs of litigation in order to induce the district to pay for tuition for her two sons to … [Read more...] about School District Is Awarded Costs Against a Parent Under the IDEA
No Right to a Jury Under Pennsylvania Whistleblower Law Strongly Affirmed
In a recent ruling, Bensinger v. University of Pittsburgh Medical Center, the Pennsylvania Superior Court provided a clear answer to the question of whether parties are entitled to a jury trial under Pennsylvania’s Whistleblower Law. The Court began its analysis by noting that the Whistleblower Law is ‘chiefly a remedial measure intended to enhance openness in government and compel the … [Read more...] about No Right to a Jury Under Pennsylvania Whistleblower Law Strongly Affirmed
