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  • Archer v. Rockwood Area Sch. Dist.

    Publication Date: 2021-04-12
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0390

    The Secretary of Education erred in refusing to evaluate evidence in support of a petition seeking to create an independent school district solely because school-aged children did not reside in the proposed district at the time of application, as the Public School Code of 1949 does not require that students presently reside in such a proposed district. The appellate court reversed and remanded for further adjudication.

  • Feng v. Univ. of Delaware

    Publication Date: 2021-02-17
    Practice Area: Education Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69295

    Foreign student's national origin discrimination claim based on full-time student status requirements to obtain a student visa failed because requirements for full-time student status applied equally to all students in the program and the requirement to maintain such status arose from federal immigration law.

  • Pennsylvania Virtual Charter Sch. v. Commonwealth

    Publication Date: 2021-01-04
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1427

    Department of education filed preliminary objections to petitioners' four cyber charter schools action for a declaratory judgment and injunction enjoining department from collecting redirection fees and court found §1 of the administrative code did not authorize the redirection fee and it was not clear that petitioners would be unable to establish sufficient facts to justify injunctive relief. Preliminary objection overruled.

  • A.A. v. Sch. Dist. of Philadelphia

    Publication Date: 2020-12-14
    Practice Area: Education Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Dubois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1353

    Defendants moved for summary judgment in plaintiff's §1983 action based on his alleged sexual assault by another mentally challenged student in school bathroom and court found plaintiff satisfied all the elements of a Monell claim against school district and plausibly pled school district's failure to train or supervise their employees regarding policies for taking pupils to the bathroom was the cause of his harm. Motion denied.

  • Propel Charter Sch. v. Pennsylvania Dep't of Educ.

    Publication Date: 2020-12-07
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1332

    Pennsylvania department of education and state charter school appeal board filed preliminary objections to petitioner charter school operator's petition for a declaratory judgment after CAB was unable to take a valid vote on petitioner's application to consolidate charter schools and court overruled the failure to exhaust objections and found it was not clear on the face of the petition that the law could not permit recovery. Preliminary objections overruled.

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  • Propel Charter Sch. v. Pennsylvania Dep't of Educ.

    Publication Date: 2020-12-07
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1337

    State charter school appeal board erred in denying petitioner nonprofit charter school operator's motion to allow a vote of 3-1 on its application to consolidate eight charter schools as a single multiple charter school organization because the common law rule applied as to how many members had to agree to decide the appeal. Order reversed.

  • F.S. v. Crestwood Sch. Dist.

    Publication Date: 2020-11-16
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1252

    School district moved to dismiss plaintiff student's action asserting intentional discrimination on the basis of her disabilities in violation of the Rehabilitation Act and the equal protection clause of the fourteenth amendment and court found complaint concerned the denial of a FAPE, student's injuries related to a FAPE and dismissed for failure to exhaust administrative remedies. Motion granted.

  • Harrisburg Area Cmty. Coll. v. Pennsylvania Human Relations Comm'n

    Publication Date: 2020-11-16
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1246

    Neither Pennsylvania Human Relations Commission nor Pennsylvania Fair Educational Opportunities Act required educational institutions to accommodate students' lawful use of prescribed medical marijuana pursuant to the Medical Marijuana Act, where the legislature had not amended PHRA or PFEOA to remove applicability of the federal prohibition on marijuana. Order of the PHRC reversed, case remanded.

  • E.H. v. Wissahickon Sch. Dist.

    Publication Date: 2020-11-09
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1214

    Reduction in lodestar amount for parents who prevailed in due process hearings warranted where parents only achieved partial success and were unsuccessful on some of their claims. Plaintiffs' motion for attorneys' fees and costs granted in part.

  • Muffley v. Hall

    Publication Date: 2020-10-12
    Practice Area: Education Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1012

    The court was sympathetic to the plight of two children who had lost their parents, but was unable to direct that they continue attending school in the district where they lived with their stepmother before moving to another district after tragedy also befell the stepmother. The court denied plaintiffs' petition for special relief.