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School Districts

United States Department of Education Addresses School Bullying and Harassment

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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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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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School Districts Review Handbooks & Policies for Consistency

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[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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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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Request for Clarification on Free Speech Decisions

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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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Free Speech Decisions

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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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Who May Participate in Public School Extracurricular Activities?

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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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