Amanda Sundquist

Contact Information:

17 West Gay Street, Suite 200
West Chester, PA 19380

Phone: 610.692.1371
asundquist@utbf.com

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Amanda J. Sundquist

Amanda Sundquist’s practice is focused on education and municipality law and land use and zoning. On the governmental side, her clients include school districts, townships, boroughs, counties, authorities, business improvement districts, zoning hearing boards and planning commissions. She advises on a wide range of topics necessary for their daily operations, such as policy and ordinance development, application of state and federal law, personnel and student issues, contracting and bidding, and the Right-to-Know Law.

In her land use and zoning practice, Amanda guides developers, business owners and homeowners through the zoning development and approval process, including advocacy at hearings and before appellate courts. As Amanda’s practice is in many ways “two-sides of the same coin,” she is able to provide both her governmental and developer clients with a unique understanding of all parties’ wants and needs, supported by an unwavering focus on creating a viable path to move projects forward.

A 2010 Legal Intelligencer “Lawyer on the Fast Track,” a 2011 recipient of the Chester County Bar Association’s Young Lawyers Division Service Award, a 2020 VISTA Today Millennial Superstar, a Daily Local News Best Lawyer in School Law, a Main Line Today “Top Lawyer” in Municipal Law, a multi-year Philadelphia Super Lawyers “Rising Star,” and listed among the 2021 Best Lawyers in America®, Amanda’s clients and colleagues alike value and appreciate her accessibility and focus on their needs. Amanda’s capacity to effectively advocate for each client’s goals is supported by her ability to apply the law in a practical manner that her clients can incorporate into their every-day operations.

Amanda’s proven skill in analyzing and overcoming serious problems and daunting obstacles on behalf of her clients is enhanced by her seemingly natural aptitude for de-escalating even the most challenging scenarios. Because many of Amanda’s clients operate in the public eye, she remains ever-mindful of designing workable plans of action that consider the impact on public relations and community perception. Amanda’s dexterity in written and oral communication is further enhanced by her proven management competency. She provides clients with smart and comprehensive advice, an exemplary level of service and total responsiveness when getting her clients what they need.

Practice Areas

Education

  • University of Richmond, The T.C. Williams School of Law, J.D. (2006)
    • Richmond Journal of Law & Technology, Senior Staff Member
    • Moot Court Board, Intra-Scholastic Chair, Oral
  • Bucknell University (2003)
    • B.S., Biology

Admissions

  • Supreme Court of Pennsylvania (2006)
  • United States District Court, Eastern District of Pennsylvania (2008)
  • United States Court of Appeals, Second Circuit (2013)
  • United States Court of Appeals, Third Circuit (2015)

Memberships

  • Chester County Bar Association
    • Young Lawyers Division, Chair (2010)
    • Board of Directors (2009 to 2012)
    • Law Day Committee, Chair (2016 to present)
  • Pennsylvania Bar Association
    • Education Law Committee
  • American Bar Association
    • Young Lawyers Division State and Local Government Law Subcommittee (2013 to present)
  • Chester County Workforce Development Board
    • Governance Committee (2013 to 2018)
    • Governance Chair (2015 to 2018)
    • Executive Governance Committee, Co-Chair (2018 to present)
  • Chester County Association of Township Officials
    • Education Committee (2015 to present)
    • Affiliate Member Council (2015 to present), Secretary (2015 to present)
  • Exton Regional Chamber of Commerce
    • Board of Directors (2018 to present)
    • Business and Education Partnership (2011 to 2015)
    • Governance Affairs Committee (2015 to present)
  • P.E.O. International

Publications & Presentations

  • Author and Presenter, Local Government 101: Sunshine Law, Western Chester County Chamber of Commerce (2019)
  • Author and Presenter, Local Government 201: Funding Emergency Services, Western Chester County Chamber of Commerce (2018)
  • Author and Presenter, Ethics for Township Leaders:  Shifting Sands and Bright Lines, Pennsylvania State Association of Township Supervisors Annual Education Conference, (2018)
  • Moderator, Autonomous Vehicles and the Future of Mobility, Chester County Association of Township Officials (2018)
  • Author and Presenter, Medical Marijuana:  The Smoke Clears, PBI Real Estate Institute, (2017)
  • Moderator, The Pennsylvania Medical Marijuana Act: Planning and Zoning Considerations, Chester County Association of Township Officials (2017)
  • Author and Presenter, Before You Hit Send: Navigating an E-mail Minefield, Pennsylvania School Board Solicitors Association Symposium (2016)
  • Author and Presenter, The Impact of Reed v. Town of Gilbert on Municipal Sign Ordinances, Pennsylvania State Association of Township Supervisors Annual Educational Conference (2016)
  • Moderator, Child Protective Services Law, Chester County Association of Township Officials (2015)
  • Author and Instructor, Pennsylvania Municipal Government Academy Planning Track Primary Course, Pennsylvania State Association of Township Supervisors (2015-2016)
  • Moderator, Scrambled Eggs: What You Need to Know About Backyard Chickens, Chester County Association of Township Officials (2015)
  • Author and Presenter, Religion, Prayer and Public Meetings, Chester County Bar Association, Fall Bench Bar Conference (2014)
  • Researcher and Author, Case Update for Solicitors and Labor Counsel, PELRAS 32nd Annual Training Conference, State College (2014)
  • Author and Presenter, Introduction to Legal Issues Related to School Bullying, American Bar Association, YLD Fall Conference – Arizona (2013)
  • Author and Presenter, Don’t Get Burned, What You Need to Know About Sunshine, Ethics and the Prevailing Wage, Chester County Association of Township Officials, Spring Conference (2012)
  • Guest, Legal Talk, 1520 AM (2011)
Amanda Sundquist

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Main Line Today Top Lawyer 2022

Latest From Amanda Sundquist

17

Aug

13 Unruh Turner Burke & Frees Lawyers Recognized In The 2024 Editions Of The Best Lawyers In America® And The Best Lawyers In America: Ones To Watch®

Unruh Turner Burke & Frees is proud to have ten lawyers recognized in The Best Lawyers in America® and three in The Best Lawyers: Ones to Watch® in America 2024 editions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence.

Best Lawyers recognitions are compiled …

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21

Jul

Every Attorney At Unruh Turner Burke & Frees Named To The Daily Local News 2023 Top Lawyers List For The Second Consecutive Year

Daily Local News readers voted for Chester County’s Top Lawyers in the annual Top Lawyers Readers’ Choice Poll earlier this year. Readers voted online for their favorite lawyers in various practice areas.

This is the second year that every lawyer at the firm has been recognized and the third consecutive year that firm attorneys have …

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19

May

Fifteen Attorneys at Unruh Turner Burke & Frees Recognized by Pennsylvania Super Lawyers® for 2023

Unruh Turner Burke & Frees (“UTBF”) is pleased to announce that eleven attorneys have been selected to the 2023 Pennsylvania Super Lawyers list and four firm attorneys have been selected to the 2023 Pennsylvania Rising Stars list. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice …

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28

Nov

UTBF Receives National Ranking for Land Use and Zoning Law by U.S. News & World Report’s 2023 Best Lawyers® “Best Law Firms in America”, and Ranks Regionally in Multiple Practice Areas

Unruh Turner Burke & Frees (UTBF) was honored to be named among U.S. News & World Report’s Best Lawyers ® “Best Law Firms in America” again for 2023. The firm earned a National “Tier 1” ranking in Land Use and Zoning Law for the second year in a row; a Metropolitan “Tier 1” ranking for Philadelphia …

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31

Aug

Eleven UTBF Attorneys Recognized By Best Lawyers In America®

Unruh Turner Burke & Frees (UTBF) is pleased to announce that eleven UTBF attorneys have been recognized in the 2023 Edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch™.

For more than 40 years, Best Lawyers has been recognized as a reliable and unbiased resource to identify top legal professionals. …

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12

Aug

Fourteen Attorneys at Unruh Turner Burke & Frees Named to “2022 Top Lawyers” List by Main Line Today Magazine

Unruh Turner Burke & Frees is honored to have fourteen attorneys named to Main Line Today’s “2022 Top Lawyers” list. Each year Main Line Today publishes a list of “Top Lawyers” in the region. Attorneys are nominated by their peers and vetted through the magazine’s editorial process. Main Line Today is a regional magazine focusing …

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25

Jul

Every Attorney at Unruh Turner Burke & Frees Receives the Daily Local 2022 Top Lawyers Reader’s Choice Award

Chester County has voted and the results are in. Every attorney at Unruh Turner Burke & Frees (UTBF), one of Chester County, Pennsylvania’s largest law firms, has been voted a Top Lawyer for 2022 by Daily Local readers. Unruh Turner Burke & Frees’ attorneys were recognized in the following practice areas:

Brian D. Boreman

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10

Jun

Eleven UTBF Attorneys Recognized by Pennsylvania Super Lawyers in 2022

Ten attorneys at Unruh Turner Burke & Frees have been named to the Pennsylvania Super Lawyers list for 2022, in addition to an attorney being named among the 2022 Pennsylvania Rising Stars. The Rising Stars list includes attorneys who are 40 years old or younger or who have been practicing law for 10 years or …

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10

Nov

UTBF Listed Among U.S. News & World Report’s 2022 Best Lawyers® “Best Law Firms in America”

Unruh Turner Burke & Frees (UTBF) was honored to be named among U.S. News & World Report’s Best Lawyers ® “Best Law Firms in America” again for 2022. The firm earned a National “Tier 1” ranking in Land Use and Zoning Law; a Metropolitan “Tier 1” ranking for Philadelphia in three practice areas: Land Use …

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9

Sep

UTBF Attorneys Recognized By Best Lawyers In America®

WEST CHESTER, PA ─ Unruh Turner Burke & Frees (UTBF) is pleased to announce that ten UTBF attorneys have been recognized by Best Lawyers in America.

In the area of Real Estate Law, partners William J. Burke, III, Theodore F. Claypoole and Donald C. Turner were named to the Best Lawyers …

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30

Jul

Main Line Today Magazine Recognizes 13 Unruh Turner Burke & Frees Attorneys as “Top Lawyers” in 2021

Unruh Turner Burke & Frees is honored to once again have multiple attorneys named to the annual “Top Lawyers” list by Main Line Today magazine. Main Line Today is a regional magazine focusing on the communities, traditions and lifestyles of Philadelphia’s western suburbs. Attorneys are nominated by their peers and vetted through the magazine’s editorial …

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16

Jul

Twenty UTBF Attorneys Named Best Lawyers in Chester County by the Daily Local News Readers Choice

Unruh Turner Burke & Frees is honored to have twenty attorneys named to the Daily Local News 2021 Best Lawyers Readers Choice list. UTBF attorneys recognized are:

Brian D. Boreman was selected in Labor & Employment and Employment Discrimination William J. Burke, III was selected in Real Estate Theodore F. Claypoole was …

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28

May

Twelve UTBF Attorneys Recognized by Pennsylvania Super Lawyers in 2021

Twelve attorneys at Unruh Turner Burke & Frees have been named to the Pennsylvania Super Lawyers list for 2021. Additionally, three attorneys were named among the 2021 Pennsylvania Rising Stars. The Rising Stars list includes attorneys who are 40 years old or younger or who have been practicing law for 10 years or less.

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23

Dec

UTBF Listed Among U.S. News & World Report’s 2021 Best Lawyers “Best Law Firms In America”

Unruh Turner Burke & Frees (UTBF) was named among U.S. News & World Report’s Best Lawyers “Best Law Firms in America” for 2021. The firm earned a Metropolitan “Tier 1” ranking for Philadelphia in Land Use and Zoning Law; a National “Tier 2” ranking in Land Use and Zoning Law; and a Metropolitan “Tier 3” …

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3

Sep

Seven UTBF Attorneys Recognized By Best Lawyers in America

Unruh Turner Burke & Frees (UTBF) is pleased to announce that six of our partners are listed among 2021’s Best Lawyers in America®. This year’s honorees include William J. Burke, III and Theodore F. Claypoole for Real Estate Law, David M. Frees, III for Trusts and Estates, Amanda J. Sundquist and …

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31

Jul

Fifteen Attorneys at UTBF Named Top Lawyers by Main Line Today Magazine

We are proud to announce that fifteen attorneys at Unruh Turner Burke & Frees were named to the 2020 “Top Lawyers” list by Main Line Today magazine. Main Line Today is a regional magazine focusing on the communities, traditions and lifestyles of Philadelphia’s western suburbs. Attorneys are nominated by their peers and vetted through …

READ MORE

9

Jun

Ten UTBF Attorneys Named Among 2020 Pennsylvania Super Lawyers Honorees

Eight attorneys at Unruh Turner Burke & Frees have been recognized by Pennsylvania Super Lawyers for 2020. Additionally, two attorneys were named among the 2020 Pennsylvania Rising Stars. The Rising Stars list includes attorneys who are 40 years old or younger or who have been practicing law for 10 years or less.

The UTBF attorneys …

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13

Feb

UTBF’s Amanda Sundquist Listed Among the Honorees of the Inaugural Class of VISTA Today’s Millennial Superstars

Unruh Turner Burke & Frees (UTBF) is pleased to announce our own Amanda Sundquist, a partner in the firm’s school law and municipal government practice areas, was named among the honorees of VISTA Today’s inaugural class of VISTA Millennial Superstars.

In partnership with the Chester County Economic Development CouncilBrumbaugh Wealth Management and Wilmington …

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23

Jul

Every Partner at UTBF Named a Top Lawyer by Main Line Today Magazine

For the second year in a row, every partner at Unruh Turner Burke & Frees was named to the 2019 “Top Lawyers” list by Main Line Today magazine. Attorneys are nominated by their peers and vetted through the magazine’s editorial process. Sixteen attorneys at the firm, including all partners, were named to the list in …

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13

May

Nine UTBF Attorneys Named Among 2019 Pennsylvania Super Lawyers Honorees

Eight of UTBF’s lawyers were named to the Pennsylvania Super Lawyers Lists for 2019. Included among this year’s Pennsylvania Super Lawyers are:

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27

Jul

Every Partner at UTBF Named a 2018 Top Lawyer

The results are in…

Every partner in our firm was named among the 2018 “Top Lawyers”

We are pleased to announce that 16 attorneys at Unruh Turner Burke & Frees, including all partners, are named to Main Line Today’s “Top Lawyers” list for 2018.

Alternative Dispute Resolution Stephen P. Lagoy*

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22

May

Ten UTBF Attorneys Recognized By Super Lawyers® This Year

UTBF is pleased to announce that nearly half of the firm’s attorneys were included among this year’s “Super Lawyers” and “Rising Stars” lists.

This year’s “Super Lawyers” include:

Brian D. Boreman William J. Burke, III John K. Fiorillo David M. Frees, III Stephen P. Lagoy Andrew D.H. Rau READ MORE

7

May

UTBF Supports Law Day Celebration

The Chester County Bar Association held its annual Law Day Luncheon on Friday, May 4, 2018. The luncheon is held annually to celebrate Law Day, and to recognize Chester County students with awards for their poster and essay submissions. This year’s theme was “Separation of Powers – Framework for Freedom.” Several awards were given for …

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14

Mar

Amanda Sundquist Serves as Moderator for 2018 CCATO Conference

Amanda Sundquist served as a moderator for the “Autonomous Vehicles:  The Future of Mobility” panel at the 2018 Chester County Association of Township Officials (“CCATO”) conference on March 13, 2018.  The panel  discussed impacts of connected and autonomous vehicles on existing transportation infrastructure and on future planning for municipalities.   Amanda serves on CCATO’s education …

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18

May

Nearly Half of UTBF’s Attorneys Recognized by Super Lawyers in 2017

Eight of the 19 attorneys at Unruh Turner Burke & Frees have been recognized by Pennsylvania Super Lawyers for 2017. Pennsylvania Super Lawyers, a Thomson Reuters rating service and publication, selects outstanding attorneys by utilizing a multi-phase selection process involving peer nomination, independent research and peer evaluation. Only 5 percent of Pennsylvania attorneys receive the …

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18

Apr

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 …

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2

Nov

Modernizing Housing Ordinances

By: Amanda J. Sundquist

The White House has released a tool kit to help municipalities modernize zoning regulations related to housing. The tool kit suggests a number of potential starting points that a local government can use to encourage growth opportunities and affordable housing. Some suggestions include:

Streamlining …

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21

Sep

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 …

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15

Sep

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 …

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26

Aug

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 …

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29

Jul

Amanda Sundquist Instructs on Attorney Ethics for E-mail Communications at State-Wide Symposium

School Law Chair Amanda Sundquist presented the program “Before You Hit Send: Navigating an E-mail Minefield” at the annual Pennsylvania School Boards Association’s Solicitors’ Symposium in State College Pennsylvania. She addressed ethical, professional, and legal risks school board solicitors may encounter when corresponding by e-mail with the judiciary and their own school …

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25

May

Nine UTBF Attorneys Recognized by Super Lawyers

Utilizing a multi-phase selection process involving peer nomination, independent research and peer evaluation, Super Lawyers®, a Thomson Reuters publication, has named eight Unruh Turner Burke and Frees attorneys as Pennsylvania Super Lawyers® for 2016. One attorney has been named as a 2016 Pennsylvania Rising Star. Each year only 5 percent of Pennsylvania attorneys receive the …

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29

Oct

Amanda Sundquist Participate in Child Protective Services Law Program

Amanda Sundquist participated in the Chester County Association of Township Officials’ Education Committee’s program “Child Protective Services Law” on September 23, 2015. Amanda served as moderator of the program. The panelists discussed among other topics, the definition of child abuse, mandatory and permissive reporters and the reporting process, new township obligations under the Law …

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21

Jul

Amanda Sundquist Present Course for Pennsylvania State Association of Township Supervisors

On July 15, 2015, Amanda Sundquist presented the inaugural Planning Track Primary course for the Pennsylvania State Association of Township Supervisors’ (PSATS) new Pennsylvania Municipal Government Academy. In an interactive all-day seminar at PSATS headquarters in Enola, Pennsylvania, Amanda engaged with township supervisors, managers, secretaries and zoning officers on a broad range of principal …

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25

Jun

Unruh Turner Burke & Frees Attorneys Recognized as Pennsylvania Super Lawyers and Rising Stars

Unruh Turner Burke & Frees is pleased to announce that eight of the firm’s attorneys have been selected as Pennsylvania Super Lawyers for 2015. One additional attorney was named as 2015 Pennsylvania Rising Stars.

The lists appeared in the June 2015 issues of Philadelphia magazine and Pennsylvania Super Lawyers magazine. Each year only 5 percent …

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19

May

Amanda Sundquist Serves as Moderator for CCATO Education Committee Program

Amanda Sundquist was the moderator for the Chester County Association of Township Officials’ Education Committee’s program “Scrambled Eggs” on May 14, 2015. The program featured Brian Moyer, Penn State Extension, Dan Miloser, Chester County Conservation District, and Diane Clayton, Zoning Officer for Kennett Township. The group discussed common issues related to the keeping of …

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16

Mar

Unruh Turner Burke & Frees Names New Partners

Unruh Turner Burke & Frees is pleased to announce the naming of two new partners, Amanda J. Sundquist and Christopher L. Turner.

Amanda J. Sundquist has been with the firm since 2006 and is a valued and respected member of the firm’s Municipal and School Law Practice. Amanda’s practice is focused …

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9

Sep

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 …

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14

Apr

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 …

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17

Mar

U.S. Supreme Court Declines to Hear “I (Heart) Boobies” Student Speech Case

By: Amanda Sundquist

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

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21

Nov

New Concussion Standards for School Districts

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 …

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23

Jun

Obligations under the Equal Access Act

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 …

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18

May

New Guidance on Student Enrollment

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 …

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22

Apr

Court Grants Preliminary Injunction in Student First Amendment Case

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 …

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22

Apr

Office of Civil Rights Responds to Questions Regarding Harassment and Bullying

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 …

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17

Dec

First Amendment Case Filed in Response to School District Ban

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 …

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28

Oct

United States Department of Education Addresses School Bullying and Harassment

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 …

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8

Sep

Court Rules on Sunshine Act Exception

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 …

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1

Sep

School Districts Review Handbooks & Policies for Consistency

[flv:https://www.utbf.com/school-law/videos/Amanda_Sundquist_01.mov.FLV 450 250]

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.

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24

Jun

United States Supreme Court Declines to Discuss the Expectation of Privacy in Employees’ Digital and Electronic Communications

By: Amanda Sundquist

The United States Supreme Court has issued a decision in City of Ontario v. Quon, which was discussed in my May 13, 2010 blog entry.  At issue in the case was whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted …

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24

Jun

United States Supreme Court Declines to Discuss the Expectation of Privacy in Employees’ Digital and Electronic Communications

By: Amanda Sundquist

The United States Supreme Court has issued a decision in City of Ontario v. Quon, which was discussed in my May 13, 2010 blog entry.  At issue in the case was whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted …

READ MORE

13

May

Can An Employer Review An Employee’s Digital and Electronic Communications?

By: Amanda Sundquist

The United States Supreme Court heard oral argument in City of Ontario v. Quon, regarding whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted on a SWAT pager. The Court’s decision in this case may have wide spread impact on …

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13

May

Can An Employer Review An Employee’s Digital and Electronic Communications?

By: Amanda Sundquist

The United States Supreme Court heard oral argument in City of Ontario v. Quon, regarding whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted on a SWAT pager. The Court’s decision in this case may have wide spread impact on …

READ MORE

26

Apr

New Title IX Compliance Guidance

By: Amanda J.  Sundquist

The Office for Civil Rights (OCR) for the U.S. Department of Education has issued new guidance regarding Title IX compliance for intercollegiate and interscholastic athletic programs. The new guidance withdraws OCR’s 2005 guidance and provides additional clarification on compliance with part three of the three part Title IX test. …

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12

Apr

En Banc Rehearing on Free Speech Decisions Granted

By: Amanda Sundquist

As discussed in my February 18, 2010 and April 12, 2010 blog entries on free speech, the United States Court of Appeals for the Third Circuit reached conflicting results in two student free speech cases: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  The …

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31

Mar

Township Pursues Chapter 9 Bankruptcy

By: Amanda Sundquist

Westfall Township is believed to be the first Pennsylvania municipality to file for Chapter 9 bankruptcy protection. The Township sought Chapter 9 protection to force negotiations on a $20 million federal judgment entered in favor of a developer. Chapter 9 was used to reduce the award to $6 million, which …

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22

Mar

Searching Student Electronic Devices

By: Amanda Sundquist

Much attention has been focused recently on the alleged laptop webcam spying in Lower Merion School District. One of facts of the case is the possible violation of Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, an act with implications for all school districts. Even before this video incident, technology and …

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16

Mar

DEP Employees Found Unprotected by Sovereign Immunity

By: Amanda Sundquist

In an unusual verdict, a jury for the United States District Court for the Eastern District of Pennsylvania, in MFS, Inc. v Dilazaro, has found four Pennsylvania Department of Environmental Protection employees individually liable for $6.5 million dollars in damages. Typically, government workers are protected by the doctrine of …

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12

Mar

Request for Clarification on Free Speech Decisions

By: Amanda J. Sundquist

As discussed in my February 18, 2010 blog entry, the United States Court of Appeals for the Third Circuit reached conflicting results in two student free speech cases: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  An article in the Legal Intelligencer reports …

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18

Feb

Free Speech Decisions

By: Amanda J. Sundquist

The United States Court of Appeals for the Third Circuit has issued new, and competing student free speech decisions.  The cases names are becoming familiar to school districts across the region: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  Both cases address the …

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18

Feb

Free Speech Decisions

By: Amanda J. Sundquist

The United States Court of Appeals for the Third Circuit has issued new, and competing student free speech decisions.  The cases names are becoming familiar to school districts across the region: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District.  Both cases address the …

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25

Jan

Who May Participate in Public School Extracurricular Activities?

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 …

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18

Jan

New Earned Income Tax Consolidation Resources

By: Amanda J. Sundquist

The Department of Community and Economic Development has released its report “Earned Income Tax Consolidation Best Practices Report.” This resource may be helpful to school districts and municipalities which are navigating through the consolidation of the earned income tax collection system. For assistance utilizing information in the Report or …

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11

Jan

First Anniversary of the New Right-to-Know Law

By: Amanda J. Sundquist

January 2010 marks the first anniversary of the implementation of the new Pennsylvania Right-to-Know Law. The past year has been a year of firsts for local agencies, requesters, and the Office of Open Records as the law has been implemented and interpreted. Sixty-five determinations by the Office of Open Records …

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11

Jan

First Anniversary of the New Right-to-Know Law

By: Amanda J. Sundquist

January 2010 marks the first anniversary of the implementation of the new Pennsylvania Right-to-Know Law. The past year has been a year of firsts for local agencies, requesters, and the Office of Open Records as the law has been implemented and interpreted. Sixty-five determinations by the Office of Open Records …

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16

Dec

Developers Paying Tapping Fees Should Be Aware of the Time Limit To Challenge Fee Calculations

By: Amanda J. Sundquist

In Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa. Commw. Ct. 2009), a residential developer applied to the authority to secure public sanitary sewer service for its development. The developer and the authority entered into an agreement for the construction of sewer lines, under which the …

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18

Nov

How far can public school officials go in regulating student speech?

By: Amanda J. Sundquist

How far can public school officials go in regulating student speech?  The traditional rule is that officials can quell speech that creates a “substantial disruption” of the educational process.  Now, the United States Court of Appeals for the Fifth Circuit appears to have provided school officials in the Fifth Circuit …

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12

Oct

School Employers and Teachers Should Be Cautious When Entering into Emergency Contracts

By: Land Use and Zoning Secttion

School employers, retired teachers, administrators and other personnel should use caution when entering into emergency contracts for temporary, post-retirement employment. Generally, employers may hire retired teachers, administrators and other personnel under temporary contracts when there is an emergency, or in the event of a shortage of appropriate personnel. However, …

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24

Sep

Plan Opposition By Board of Supervisors Members

By: Amanda J. Sundquist

In ,Crandell v. Pennsbury Township Board of Supervisors, et al. — A.2d — (Pa. Commw. Ct. 2009), the Commonwealth Court addressed public opposition to a plan by a Township Board of Supervisors member.  Fenton, a resident who ultimately became a board member, formed a group to oppose a developer’s plans.  …

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30

Jun

Does your school district have guidelines for Blogs and other internet communications?

By: Amanda J. Sundquist

Out of school activities by students and staff that impact the effective running of a school district are a gray area to navigate. Recently, the 9th U.S. Circuit Court of Appeals concluded that a teacher’s personal blog contained “several highly personal and vituperative comments” which justified the school district demoting …

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10

Jun

Are you a party to a land use appeal? Who can appeal your approval?

By: Amanda Sundquist

Chester County and other local residents often wonder if they can appeal a decision by their Zoning Hearing Board (“ZHB”). In a recent case, a landowner applied to the ZHB for variances. At the hearing, the ZHB granted a resident party status. The resident tried to appeal the ZHB’s decision. The …

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3

Jun

Pennsylvania Supreme Court Agrees to Hear Appeal of In Re: Erie Golf Course Case

By:    Amanda Sundquist

In my recent blog entry, Dedicated or Donated Property, the Commonwealth Court’s decision in In Re: Erie Golf Course was discussed.  The Lake Erie Region Conservancy, Inc. and the Committee to Keep Erie Golf Course Open filed a petition with the Supreme Court of Pennsylvania for allowance of appeal from the …

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26

May

Decision Issued on Entities Permitted to Conduct Plan Reviews and Inspections in Municipalities

By: Amanda J. Sundquist

The Pennsylvania Supreme Court has ruled on whether municipalities that opt to enforce the Pennsylvania Construction Code Act (“Act”) may designate one entity to administer, enforce, and conduct all plan review and inspections mandated by the Act to exclusion of other code officials.

Under the Act, municipalities were required to …

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9

Apr

Should you get a survey before you buy that property?

Please click here to view our latest blog about the importance of obtaining a survey before you buy property. For additional information, you can also read an article about property surveys on our site here.

Contact Bill Burke for more information.

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1

Apr

Dedicated or Donated Property

By: Amanda Sundquist

Does your municipality have dedicated or donated property?  Are you considering changing the use of that property?

In a recent case, the City of Erie filed a petition under the Donated or Dedicated Property Act to abandon the use of dedicated public property known as the Erie Golf Course for …

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23

Feb

Timing is Everything

By: Amanda J. Sundquist

Nextel Partners, Inc. v. Clarks Summit Borough/Clarks Summit Borough Council, 958 A.2d 587 (Pa. Commw. Ct. 2008).

In Nextel, an applicant submitted an incomplete conditional use application.  The Borough Council held a hearing on the application 82 days after its receipt; the applicant asserted it was entitled to a deemed …

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10

Feb

New Diesel Vehicle Regulations

By: Amanda Sundquist

Are you a driver of a diesel powered motor vehicle?  Does your facility accept deliveries or other visits from diesel powered vehicles?

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