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General

The Deadline Approaches …

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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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Transgender Policy Issues: New Developments and Legal Uncertainty

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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 …

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To Enroll or Not to Enroll, That is the Question: Immunizations

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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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Court Rules on Sunshine Act Exception

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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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Are Charter Schools Subject To Real Estate Taxes?

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In an opinion and order dated March 16, 2010, the Commonwealth Court concluded that a property leased by a Pennsylvania charter school was not eligible for an exemption from the payment of real estate taxes. In the case of In Re: Appeal of Collegium Foundation and Collegium Charter School, the court concluded that …

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New Title IX Compliance Guidance

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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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En Banc Rehearing on Free Speech Decisions Granted

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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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Searching Student Electronic Devices

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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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