U.S. Department of Education Issues New Guidance on Prayer in Schools
On May 15, 2023, the United States Department of Education (“DOE”), released its updated guidance on prayer in schools, which at least partially addressed some questions raised by the United States Supreme Court’s recent decision in Kennedy v. Bremerton School District, No. 21-418, — U.S. – (2022). In the June 27, 2022 Kennedy decision, …
U.S. Supreme Court Holds that Censure of an Elected Official Does Not Violate the First Amendment
Public discussion among elected members of a local government body provides fertile ground for the creation and circulation of new ideas, evaluation of public concerns, and, more often than not, vigorous debate. Disputes between members may involve inappropriate behaviors that invite a public reprimand or censure from the body against the member. Such actions …
Expanding the Internal, Predecisional Deliberations Exception under the Right to Know Law
Are communications between an agency and a contractor “internal to the agency” under the internal, predecisional deliberations exception of the Right to Know Law? The Commonwealth Court of Pennsylvania recently said yes, and protected some documents from public disclosure under Section 708(b)(10)(i) of the Right to Know Law. In Finnerty v. Pennsylvania Department of …
The Deadline Approaches …
By: Amanda Sundquist Statements of Financial Interest are not just for candidates running for office. Public officials (individuals currently serving elected or appointed offices) and certain public employees are required to annually file the Statement by May 1st. Local (county, township, borough, or school district) public officials and employees file …
Transgender Policy Issues: New Developments and Legal Uncertainty
By: Andrew D.H. Rau and Amanda J. Sundquist School administrators and legal practitioners across Pennsylvania and the nation are digesting the latest, and sometimes conflicting, developments when it comes to policy and practice concerning transgender rights. The lead headlines have focused on the Trump Administration’s new joint Dear Colleague Letter, issued by the …
To Enroll or Not to Enroll, That is the Question: Educational Records
By: Amanda J. Sundquist School administrators and administrative staff are often faced with a number of challenging issues regarding enrollment of new students. A common issue is whether a school district can register a child where the school district has not received the child’s prior educational records, including disciplinary records. A school district …
To Enroll or Not to Enroll, That is the Question: Home Language Survey
By: Amanda J. Sundquist With the start of the school year, school administrators and administrative staff are often faced with a number of challenging issues regarding enrollment of new students. A common issue is whether a school district can register a child whose parents have declined to complete the Home Language Survey. In order …
To Enroll or Not to Enroll, That is the Question: Immunizations
By: Amanda Sundquist With the start of the school year, school administrators and administrative staff are often faced with a number of challenging issues regarding enrollment of new students. A common issue is whether a school district can register a child that does not have the required proof of immunization. A school district …
Office for Civil Rights Guidance on Student Enrollment
By: Amanda Sundquist The Office for Civil Rights (“OCR”) updated its previous “Dear Colleague” letter issued in 2011 regarding public schools’ obligations for student enrollment. Public schools may not discriminate on the basis of race, color, national origin, citizenship or immigration status of a student (or his/her parent or guardian) in regard …
New Jersey School Districts Permitted to Add Alleged Bullies and Parents as Defendants
By: Amanda Sundquist In a unique ruling, a New Jersey Superior Court Judge has permitted two school districts to add eleven students and their parents as third party defendants in a bullying and harassment case against the school districts. The students are alleged to have bullied the student plaintiff and their parents are …