On February 18, the Commonwealth Court determined that the Right to Know Law is so procedurally flawed that it violates the rights of individuals to participate when a record containing their home address is requested. Therefore, the Court now requires notice to individuals when such records are requested, and a full opportunity for them to be heard. The Very Short Version of the Facts This case … [Read more...] about Commonwealth Court Issues Decision on Disclosure of Home Addresses Under Right To Know Law
School Law Bullet
Keeping Up With Child Abuse Laws In A Post-Sandusky World: A Practical Legal Guide for Schools
Confused about the Child Protective Services Law amendments? Ready to pull your hair out thinking about employee clearances and background checks? Having panic attacks about new legal compliance related to volunteers in your school? You are not alone. In what can be legitimately termed the Post-Sandusky era, the landscape of mandated reporting and child abuse protection/prevention has just … [Read more...] about Keeping Up With Child Abuse Laws In A Post-Sandusky World: A Practical Legal Guide for Schools
New Guidance for Programs to Assist English Learners
On January 7, the Office for Civil Rights and the Department of Justice issued joint guidance in the form of a Dear Colleague Letter to clarify the obligation of school districts to ensure equal access to education for English language learners. Federal Law Requires Equal Access Federal statistics indicate that English Learner (EL) students are enrolled in three out of four school districts and … [Read more...] about New Guidance for Programs to Assist English Learners
Will the ABLE Act Be Able to Make a Difference?
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?
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?





