Consider the following scenarios: A high school teacher places a Black Lives Matter sticker on her desk to let students know she is against racism. A teacher down the hall hangs a Pride flag from his door to signal to LGBTQ students that his classroom is a safe space. Does the school district have a right to establish policies prohibiting teachers from displaying these pro-inclusive … [Read more...] about Do Schools Have a Right to Prevent Teachers from Displaying Messages of Inclusion in Their Classrooms?
School Law Bullet
How Will Act 57 of 2022 Impact Your School?
On July 11, 2022, Governor Tom Wolf signed Act 57 of 2022 amending the Local Tax Collection Law. Prior to Act 57, a taxpayer who claimed they did not receive notice of their real estate taxes was not relieved from paying the penalty, fee, interest, or other charges that may have accrued as a result of their failure to pay in a timely manner. Act 57 now requires school districts to … [Read more...] about How Will Act 57 of 2022 Impact Your School?
Walking The Tightrope: Student Discipline Under Section 504
The Office for Civil Rights has just issued guidance as to how Section 504 of the Rehabilitation Act of 1973 applies to the use of student discipline. Its focus is the balancing that schools must do when considering providing for a student’s disability-based behaviors on the one hand, and maintaining an appropriate and safe learning environment for all students on the other. Section 504 is a civil … [Read more...] about Walking The Tightrope: Student Discipline Under Section 504
Pennsbury School District Settles a Lawsuit for $300,000 Brought By Four Residents Who Challenged School Board Policies Restricting Public Comment Speech at Board Meetings
Following the filing of a lawsuit by four residents accusing the Pennsbury School Board of curtailing public comments and enforcing unconstitutional free speech policies at Board meetings, the Pennsbury School District agrees to pay a $300,000 lawsuit settlement. The First Amendment of the U.S. Constitution guarantees the right to freedom of speech and allows individuals to express themselves … [Read more...] about Pennsbury School District Settles a Lawsuit for $300,000 Brought By Four Residents Who Challenged School Board Policies Restricting Public Comment Speech at Board Meetings
Act 55 Extends Enrollment for Students with Disabilities to Combat Lost Opportunities from COVID-19
On July 8, 2022, Governor Tom Wolf signed Act 55 of 2022 into law, intending to address ongoing learning losses stemming from the COVID-19 pandemic. Act 55 expands the opportunity for extended enrollment to students with disabilities. Last year, Act 66 of 2021 (Act 66) permitted students enrolled during the 2020-21 school year to repeat their grade level to counteract any lost educational … [Read more...] about Act 55 Extends Enrollment for Students with Disabilities to Combat Lost Opportunities from COVID-19
Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done
In a recent case from the Third Circuit, a school district prevailed against parents’ claims for failure of child find, for denial of FAPE and for private school tuition, both at hearing and in all levels of the parents’ appeals to the federal courts. J.M. o/b/o C.M. v. Summit City Board of Education (July 1, 2022). The district prevailed simply because it was professional and responsive. At issue … [Read more...] about Third Circuit Rules for School District in FAPE Case: School Shows How It’s Done