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Legal Issues Involving Transgender Students

In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Federal Court Holds that School District’s Denial of Student’s Request to Attend School with a Dog Violated the Rehabilitation Act...

C.G. by and through P.G. v. Saucon Valley Sch. Dist., 5:21-CV-03956, 2021 WL 5399920, at *1 (E.D. Pa. Nov. 18, 2021). The District Court for the Eastern District of Pennsylvania grants student’s request for preliminary...more

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

Images of Students must be Removed from School Bus Surveillance Video when Responding to a Request for Records Under the...

Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020). Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before...more

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

Court of Common Pleas Denies Challenge To School District’s Policy of Providing Charter School Students With Bus Passes

Bell et al. v. Wilkinsburg School District, GD No. 18-012950 (Allegheny Cty. June 27, 2019). The Court of Common Pleas of Allegheny County ruled that a school district’s provision of public transit bus passes to elementary...more

OOR Determines that a School Bus Surveillance Video is a Public Record (708(b)(17); FERPA)

In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation.  The District denied the request, arguing that the...more

School Surveillance Videos are Not Educational Records under FERPA

Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more

Student Assaulted By Classmate Cannot Sue School District for Violation Of Constitutional Rights

D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more

The Ability of a School To Punish Lewd Or Profane Speech Disappears Once A Student Exits School Grounds

B.L. by Levy v. Mahanoy Area School District (“Levy”), Case No. 3:17-CV-1734, 2017 WL 4418290 (M.D. Pa. Oct. 5, 2017). District Court for the Middle District of Pennsylvania grants cheerleader’s Motion for Preliminary...more

Latest Legal Developments On Student Searches

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

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