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Megan E Grossman

Megan E Grossman

January 29, 2015 | The Legal Intelligencer

Seeking Recourse Under the IDEA After a School Closure

Recently, the news headlines have been filled with stories about funding for public education. The School District of Philadelphia is in the midst of financial woes. The York City School District is dealing with receivership and is considering a full conversion to charter schools. Numerous charter schools have closed suddenly, including Wakisha Charter School and Walter D. Palmer Leadership Learning Partners Charter School, or are on the brink of closure. If a public school at which a special-education-eligible student is enrolled closes, where do the parents turn to obtain appropriate education for their children?

By Megan E. Grossman

5 minute read

September 15, 2014 | The Legal Intelligencer

Phila. Amendment Requires Accommodations for Nursing Mothers

On Sept. 3, Philadelphia Mayor Michael A. Nutter signed legislation that amends Philadelphia's Fair Practices Ordinance, Phila. Code Section 9-1100 et seq., which applies to any employer with one or more employees, exclusive of parents, a spouse, life partner or children, to make it an unlawful employment practice for the employer to fail to reasonably accommodate an employee's need to express breast milk. The reasonable accommodations include providing unpaid break time or permitting an employee to utilize paid break time, mealtime, or both, to pump breast milk. Further, the new law requires that an employer provide a private and sanitary space, which is not a bathroom, where an employee can express breast milk provided the requirements do not pose an undue hardship on the employer.

By Megan E. Grossman and John M. Borelli

6 minute read

June 16, 2014 | The Legal Intelligencer

Food Allergies May Constitute a Disability Under the ADA

A recent landmark settlement between the U.S. Department of Justice (DOJ) and Lesley University in Cambridge, Mass., opens the possibility that individuals suffering with food allergies could be considered a protected class under the Americans with Disabilities Act (ADA). The settlement makes it clear that the federal authorities will treat complaints about a school's failure to provide appropriate accommodations for students with food allergies as possible violations of the ADA. Up until this settlement, it has been unclear what schools' legal obligations are to students with food allergies but now, all learning institutions, from nursery school to postgraduate, should consider modifications to existing policies and procedures regarding food-related conditions.

By Megan E. Grossman

6 minute read

March 17, 2014 | The Legal Intelligencer

Ridley Decision: A School District's Cost of Winning?

A recent decision from the U.S. Court of Appeals for the Third Circuit clarifies the "stay-put" provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(j), and in doing so, also places an obligation on school districts to reimburse parents for private school education tuition during the dispute period.

By Megan E. Grossman and Ryan G. Gatto

7 minute read

November 12, 2013 | The Legal Intelligencer

Over-Diagnosing Students: Legal Risk or Educational Safeguard?

Can schools, which are staffed with professional educators and evaluators, be held liable if they provide special education to a student as if he or she were disabled, but it is later determined that the student was not disabled?

By Megan E. Grossman and Ryan G. Gatto

9 minute read