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  • Slater v. Sch. Dist. of Philadelphia

    Publication Date: 2024-02-23
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 725 C.D. 2022

    Acting Secretary of Education's determination that petitioner be terminated from his position as a tenured professional employee was based on substantial evidence that supported the necessary factual findings and school district complied with the procedural requirements of the school code. Affirmed.

  • Hempfield Sch. Dist. v. S.C.

    Publication Date: 2024-02-23
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2800

    Hearing officer erred in focusing on student's progress/progress monitoring in determining whether school district provided a free appropriate public education, as the proper standard was whether the district provided regular programming consistent with student's individualized education program. Plaintiffs' motion for judgment granted, defendant's cross-motion denied.

  • Children's Health Defense, Inc. v. Rutgers, the State Univ. of New Jersey

    Publication Date: 2024-02-16
    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: 22-2970

    Plaintiffs appealed the district court's dismissal of their claims as moot or failing to state a claim.

  • S. Hills Catholic Acad. v. Dep't of Human Serv.

    Publication Date: 2024-01-29
    Practice Area: Education Law
    Industry: Education | Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 563 C.D. 2023

    Department of Human Services had authority to regulate religious school's pre- and after-school care program where the law expressly conferred oversight authority of such programs at nonpublic schools. Petition for review denied.

  • Norristown Acad. Charter Sch. v. Norristown Area Sch. Dist.

    Publication Date: 2023-12-04
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 745 C.D. 2023

    Trial court's order regarding signatures on a petition to appeal a district decision denying an application to operate a charter school was a final and appealable order and trial court properly ruled on the signatures. Affirmed.

  • Ruari C. v. Pennsbury Sch. Dist.

    Publication Date: 2023-09-25
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-4080

    School district properly evaluated student and offered an appropriate individualized education plan based on evidence supporting a diagnosis of autism spectrum disorder, where any procedural irregularities in testing due to the COVID-19 pandemic did not create a substantive violation. Defendant's cross-motion for judgment on the administrative record granted.

  • Doe v. The Hill Sch.

    Publication Date: 2023-09-18
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1210

    Student plausibly alleged contract and Americans with Disabilities Act claims when school required him to withdraw while enrolled in an alternative disciplinary program designed to rehabilitate students with substance abuse problems. Defendants' motion to dismiss granted in part and denied in part.

  • Doe v. Haverford Coll

    Publication Date: 2023-08-28
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-299

    Student plausibly alleged breach of contract claim against college when student was permanently removed from athletic team even though college declined to open Title IX investigation into sexual assault allegations levied against student. Defendants' motion to dismiss granted in part and denied in part.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-08-21
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
    Case Number: 21-2013

    College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.

  • Upper Darby Sch. Dist. v. K.W.

    Publication Date: 2023-08-14
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kenney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-cv-04343

    Hearing officer erred in finding school district provided free appropriate public education where it failed to create and implement positive behavioral support program despite receiving recommendations to do so in an independent educational evaluation and being on notice of student's worsening behavior that was having documented negative effects on learning. Student's motion for summary judgment granted, district's cross-motion for summary judgment denied.