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Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

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PDE PUBLISHES 2022–2023 REPORT OF EXPENDITURES RELATING TO EXCEPTIONAL PENNSYLVANIA STUDENTS - Act 16 of 2000, in part, amended Section 1372 of the Public School Code of 1949, and it requires the Pennsylvania Department of...more

Williams Mullen

PODCAST: Williams Mullen's Gavels & Gowns - What’s Next in VA K-12 Education? An Interview with Scott Brabrand, Executive Director...

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In this episode of Gavels & Gowns, an Education Law podcast, co-hosts Hal Johnson and Micah Schwartz speak with Scott Brabrand, executive director of the Virginia Association of School Superintendents. Scott provides a...more

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

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Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

McGuireWoods Consulting

Multistate 2024 Education Legislative Update

LEGISLATORS ADDRESS A VARIETY OF EDUCATION ISSUES IN 2024 - As we approach completion of the first quarter of 2024, many states are gearing up for their legislative sessions while others have adjourned for the year....more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Bricker Graydon LLP

After House Bill 68 Override, Implications for Education in Ohio

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The Ohio legislature’s override of House Bill 68 comes after nearly two years of debate about how to handle mental health, healthcare, and athletics for transgender youth. School districts and higher education institutions...more

Fisher Phillips

Arizona Has Entered the Chat: Federal Court Rules That Non-Profit Schools Are Not Subject to Title IX

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After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools...more

Fisher Phillips

Here’s How the Highly Anticipated Changes to Title IX Could Affect Colleges, Universities, and Public K-12 Schools

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The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more

Pullman & Comley - School Law

Special Education Law Updates from the 2023 Session of the Connecticut General Assembly

To follow-up on our annual School Law legislative update, over the next few weeks we will be highlighting and analyzing the most important developments from this year’s session of the General Assembly that Connecticut K-12...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

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Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Spilman Thomas & Battle, PLLC

The Academic Advisor- Education Law Insights, Issue 2, February 2023

Win in Court doesn’t Assure More Pennsylvania School Funding - “Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more

Tucker Arensberg, P.C.

Teacher Reinstated Following TikTok Post Featuring Explicit Song and Suggestive Dance Moves

Tucker Arensberg, P.C. on

Cent. Valley Sch. Dist. v. Cent. Valley Educ. Ass’n, 2022 Pa. Commw. Unpub. LEXIS 482 (Pa. Commw. Ct., Nov. 7, 2022). In an unpublished opinion the Commonwealth Court of Pennsylvania upheld the decisions of an arbitrator and...more

Miller Nash LLP

Off Campus, but Still Within Reach: Ninth Circuit Affirms a Public High School’s Right to Discipline Students for Online...

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As anticipated, the Ninth Circuit has waded back into the choppy waters of student online and off-campus speech following the U.S. Supreme Court’s June 2021 ruling in Mahanoy Area School District v. B.L and found that a...more

Fisher Phillips

Education Flash Survey Reveals Wide Differences in COVID Approach for New School Year

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While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more

Winstead PC

TX-RAMP Requirements for Higher Education

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Effective January 1, 2022, Texas institutions of higher education and public community colleges must comply with Texas Government Code 2054.0593 requirements when entering into or renewing contracts for cloud computing...more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

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Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

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Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

Tucker Arensberg, P.C. on

T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report — Legislative Day 31

Legislators wrapped up a long Crossover week today with short floor sessions and a variety of committee meetings. Most notably, subcommittees of the Senate Appropriations Committee rushed to complete hearings on the FY22...more

Manatt, Phelps & Phillips, LLP

California Leaders Reach Deal to Reopen Schools - CA Health and Government COVID-19 Guidance: Week in Review

On Monday, March 1, 2021, California Governor Gavin Newsom announced an agreement on a $6.6 billion budget package aimed to “accelerate the safe return to in-person instruction across California and empower schools to...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report — Legislative Day 20

Monday marked the nominal halfway point of the 2021 Legislative Session, but there is a keen awareness among lawmakers and lobbyists that more than half of the legislature’s work for the year lies in the legislative days to...more

Franczek P.C.

You Know the Drill, But Should You Do One? White Paper Highlights Active Shooter Drill Risks

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In Illinois, the School Safety Drill Act requires K-12 public and private educational facilities to conduct several types of safety drills, including law enforcement drills, to address potential evacuation or lock-down...more

Bricker Graydon LLP

[Webinar] Buy, Sell or Lease - Real Estate Primer for School Districts (Pre-K to 12) - March 11th, 12:00 pm ET

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Join Bricker attorneys Amy Bartemes, Nicole Donovsky and Shannon Martin for a discussion on the real estate issues facing school districts, and the various tools available to address those issues....more

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