Municipal, Land Use & Zoning

By: Amanda Sundquist

On November 9, 2011, the “Safety in Youth Sports Act” was signed into law.  The Act addresses concussion and head injury risks for student athletes and the education of the coaching staff.

School districts have new parent notification obligations under the Act.  Prior to participation of a student athlete in an athletic activity, the student and his or her parent/guardian shall receive a concussion and traumatic brain injury information sheet and must return a signed acknowledgment of receipt.  School districts may elect to hold informational meetings prior to the start of each athletic season regarding concussions and other head injuries.

Coaches are required to complete a concussion management certification training course once a year to be able to coach athletic activities. The Act also contains standards regarding removal from play and return to play for students athletes. School districts are required to establish minimum penalties for coaches who fail to comply with the removal from play and return to play requirements.

The Safety in Youth Sports Act will go into effect July 1, 2012.    If you require assistance developing policies and forms relating your school district’s obligations under this new Act, please contact Amanda Sundquist in our West Chester office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Andrew D.H. Rau

The constitutional debate surrounding student prayer in the public school setting has long been the subject of discussion in the federal courts. Now, the Third Circuit Court of Appeals has issued an important decision on a related question—the right of a school board to open its meetings with prayer.

Third Circuit Ruling in Doe v. Indian River School District

The six-year old case began in Delaware’s Indian River School District when the two resident families challenged the district board’s custom of beginning public meetings with Christian-based prayers.

Indian River argued that the 1983 U.S Supreme Court case of Marsh v. Chambers protects “deliberative bodies” in choosing to open legislative and similar meetings with prayer. While the school district was successful at the trial level, the Third Circuit overturned the lower court decision on August 5, 2011, finding that as to public school systems, the 1994 Supreme Court decision in Lee v. Weisman controls. The Lee case held that the practice of having school administrators choose local religious leaders to lead graduation prayers is a violation of the Establishment Clause of the First Amendment to the U.S. Constitution.

School Board Prayer a State Sponsored Religious Endorsement?

The new Third Circuit ruling looked to Lee and similar cases, finding that “the need to protect students from government coercion in the form of endorsed or sponsored religion is at the heart of the school prayer cases.” The Indian River School District argued that unlike a classroom setting or official graduation exercise, students and members of the public have the ability to come and go as they please during public board meetings. But the Third Circuit said it was not enough to allow audience members to leave during the meeting’s prayer component. The court found the prayer tradition to be a state-sponsored religious endorsement, and therefore an Establishment Clause violation.

This case does not appear to call in to question the continuing right of other legislative bodies, such as townships and boroughs, to begin a meeting with prayer. But as to public educational systems, Doe v. Indian River School District is the current rule in the Third Circuit which includes Pennsylvania, New Jersey and Delaware.

Indian River School District recently requested additional time to petition for re-hearing at the Third Circuit level. It remains to be seen whether the district will ultimately ask the U.S. Supreme Court to consider the case at the highest level.

To read the full appellate decision, go to: http://www.ca3.uscourts.gov/opinarch/101819p.pdf

Andrew D.H. Rau is a partner at Unruh, Turner, Burke and Frees. Andrew practices in the areas of municipal and zoning law, real estate and land use. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

Following up on its recent guidance on bullying and harassment, on June 14, 2011 the Office for Civil Rights (“OCR”) issued a “Dear Colleagues” letter regarding the impact of the Equal Access Act (the “Act”) on gay-straight alliances (GSA) and similar student-initiated groups addressing LGBT issues. OCR reminds school districts that the Act applies to these student-initiated noncurricular groups as well.

Enacted in 1984, the Equal Access Act applies to public secondary schools that receive federal funding. If the school allows one or more noncurricular student groups to meet on its premises during noninstructional time, it has created a limited open forum and must comply with the Act. Schools may not then deny similar access to other noncurricular student groups based of the subject matter the group addresses. Also included with the “Dear Colleagues” letter are Legal Guidelines Regarding the Equal Access Act and the Recognition of Student-Led Noncurricular Groups. These guidelines address the scope of the Act, the school’s legal obligations, and issues that may arise when applying the Act.

For assistance in reviewing or developing your school district’s Equal Access Act policy or in answering questions regarding limited open forums, curriculum related groups, or other issues arising from the Act, please contact me in our West Chester office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

The United States Department of Education’s Office for Civil Rights (OCR) has recently issued a “Dear Colleague” letter regarding school district enrollment practices. The letter focuses on practices that may discourage enrollment of students based on their or their parents’ actual or perceived citizenship or immigration status. Under federal law and as confirmed by the United States Supreme Court in Plyler v. Doe, school districts are obligated to provide access to public education for any child residing in the school district, regardless of immigration status or citizenship. The letter reminds school districts that a student’s citizenship or immigration status or that of their parents is not necessary to establishing residency in the school district. The letter also addresses school districts’ requests for birth certificates, social security numbers and racial and ethnicity identification as part of the student enrollment process. OCR has a Fact Sheet and Q & A information available on its website to provide additional guidance to school districts.

For assistance in confirming your school district’s student enrollment policies are consistent with federal law, please contact me at our West Chester office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

On December 17, 2010, I blogged about a First Amendment law suit brought by two middle school students against Easton Area School District in federal court. The District banned the wearing of “I (heart) Boobies” bracelets distributed by the Keep A Breast Foundation. The students were suspended for failing to comply with the ban.

On April 12, 2011, the federal court granted a preliminary injunction in favor of the two students, which prohibits the school district from continuing with its bracelet ban. The federal court also concluded that: (1) the school district did not show that wearing the bracelets caused a substantial disruption to the school district sufficient to allow the school district to impose discipline and (2) the bracelets could not be reasonably found to be lewd or vulgar speech under the standard of School District v. Fraser so the school district could not utilize the Fraser exception. The federal court’s memorandum can be found here.

For disciplinary issues associated with your school district’s speech or dress polices, please contact me in our West Chester office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

On October 28, 2010, I blogged about the United States Department of Education, Office for Civil Rights issuing a “Dear Colleagues” letter addressing school districts’ obligations in regard to bullying and harassment of district students. In December 2010, the National School Boards Association wrote a letter to Office for Civil Rights to ask it clarify its position on several points in the “Dear Colleagues” letter, where the National School Boards Association found there to be potential conflict with existing laws and cases.

On March 25, 2011, the Office for Civil Rights issued a second “Dear Colleagues” letter in response to the National School Boards Association’s request for clarification.

The issuance of the latest “Dear Colleagues” letter is particular timely for Pennsylvania school districts. In 2008, Pennsylvania adopted an amendment to the School Code which specifically addressed bullying. The amendment required school districts to adopt or amend a bullying policy no later than January 1, 2009. School districts are required to review their bullying policy every three years. The Office for Civil Right’s new guidance can be considered by school districts conducting their three year review of the bullying policy in 2011.

For assistance with reviewing and amending your school district’s policies on bullying or harassment for compliance with federal and state law, please contact me in our West Chester Office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda Sundquist

Two middle school students have brought a First Amendment law suit against the Easton Area School District in the United State District Court for the Eastern District of Pennsylvania.  The District banned the wearing of “I (heart) Boobies” bracelets distributed by the Keep A Breast Foundation.  The students were suspended for failing to comply with the ban.

The two main issues that will likely be examined in the case are: (1) whether the wearing of the bracelets is protected under Tinker v. Des Moines School District, which prohibits a school district from punishing student speech unless it creates a material or substantial disruption and (2) whether the bracelets are sufficiently lewd or indecent to fall within the exception created in  Bethel School District v. Fraser to the substantial disruption standard.  An injunction hearing is scheduled in this case on December 16, 2010.

For disciplinary issues associated with your school district’s speech or dress polices, please contact Amanda Sundquist in our West Chester office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees, Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By: Amanda J. Sundquist

On October 26, 2010, the United States Department of Education, Office for Civil Rights, issued a “Dear Colleagues” letter addressing school districts’ obligations in regard to bullying and harassment of students.  The letter encourages school districts to review their bullying and harassment policies and practices to ensure compliance with federal law. Pennsylvania also has its own law pertaining to student bullying.

For assistance with reviewing and amending your school district’s policies on bullying and harassment for compliance with federal and state law, please contact Amanda Sundquist in our West Chester Office.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees, Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

By:  Amanda Sundquist

In a matter of first impression, the Commonwealth Court has concluded that the Sunshine Act may be violated when property owners are permitted to participate in an executive session for litigation purposes related to a tax assessment appeal.  In Trib Total Media v. Highland School District, at the conclusion of a regular public meeting, the school board announced it would meet in a closed executive session to discuss litigation and invited the property owners involved in the litigation to participate in the executive session.  The local newspaper was denied access to the meeting, and filed a complaint alleging the school district had violated the Sunshine Act.

After a review of Section 708(a)(4), which permits an executive session regarding litigation matters, the Commonwealth Court found the plain language of the section indicated only attorneys and advisors are permitted to participate in executive sessions held for this purpose.  If you have questions regarding your municipal procedures for executive sessions and compliance with the Sunshine Act, please contact Amanda Sundquist.

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By: Amanda Sundquist

Watch the above video to find out why it is important for your school district to review student handbooks and school board policies for consistency.  Give Amanda a call at (610) 692-137 if you would like to discuss your district’s student handbook and school board policies.

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees, Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.