Municipal, Land Use & Zoning

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 J. Sundquist

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 J. Sundquist

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 J. Sundquist

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 J. Sundquist

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 J. Sundquist

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

In Trefelner v. Burrell School District, the United States District Court for the Western District of Pennsylvania issued a temporary restraining order to compel a school district to permit a parochial school student to participate in extracurricular activities offered by the school district, including marching and jazz bands. Pennsylvania’s Public School Code (“School Code”) permits home schooled students or, in certain situations, students who attend charter schools to participate in extracurricular activities offered by their school district of residence.

In Trefelner, the Court analyzed the student’s claim under the Free Exercise Clause framework. The Court found given the secular exemptions created by the School Code and the lack of similar religious exemptions, the student may be able to demonstrate that the school district’s extracurricular activity policy was not neutral and that it was not narrowly tailored to advance compelling interests. The Court issued a temporary restraining order. While Trefelner was ultimately settled by agreement between student and the school district, the issuance by the Court of the temporary restraining order indicates that courts may be willing to consider participation in public school activities by parochial school students.

If your school district requires assistance updating its extracurricular activities policy or addressing issues relating to the participation in extracurricular activities by home schooled, charter school, or other students, please contact Amanda Sundquist.