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The Legal Intelligencer

Lichtenstein v. Lower Merion Sch. Dist., PICS Case No. 17-0219 (E.D. Pa. Feb 8, 2017) Baylson, J. (23 pages).

By | February 17, 2017
A physically-disabled student receiving physical assistance at school pursuant to IDEA properly pleaded a "special relationship" under the Due Process Clause alleging that the school district failed to provide adequate facilities and personnel training to provide him with necessary physical assistance. Summary judgment denied; claims dismissed in part without prejudice.
7 minute read

New York Law Journal

Eilenberg v. City of NY

By | February 16, 2017
Terminated Counselor Fails to Establish Basis to Vacate Matter for Lesser Penalty
3 minute read

The Legal Intelligencer

Issa v. Sch. Dist. of Lancaster, PICS Case No. 17-0157 (3Cir. Jan. 30, 2017) Fisher, J. (46 pages).

By | February 10, 2017
Refugee immigrants with limited or no English proficiency were entitled to a preliminary injunction enabling them to transfer schools where they demonstrated a likelihood of success in proving that school district's practice of placing them in accelerated instruction was a failure. Order of the district court affirmed.
7 minute read

The Legal Intelligencer

Cary v. Bureau of Prof'l Occupational Affairs, PICS Case No. 17-0160 (Pa. Commw. Jan. 31, 2017) McCullough, J. (24 pages).

By | February 10, 2017
Bureau of professional and occupational affairs acted arbitrarily and capriciously when it denied petitioner's application for licensing as a behavior specialist on the grounds that she did not meet the educational requirements because the board did not promulgate any regulation or provide any legitimate rational for choosing CHEA and USDE as the only accrediting bodies for universities. Reversed and remanded for license issuance.
5 minute read

Daily Business Review

Court Questions Student 'Opt Out' Arguments

An appeals court sounded skeptical of a Leon County judge's ruling that the state and the Hernando County School Board erred in their approach to students who "opted out" of a state standardized test.
6 minute read

New Jersey Law Journal

NJ Judges Affirm Dismissal of Defamation Claims Against Schools' Attorney

A New Jersey appeals court has ruled that the father of two public school students cannot sue a board of education attorney who told a newspaper about a child-welfare investigation into the father, but failed to disclose that the investigation was resolved in the father's favor.
8 minute read

New York Law Journal

Matter of Doe v. Cornell Univ.

By | February 07, 2017
Cornell's Decision to Defer Processing Student's Complaint Against Investigator Arbitrary
3 minute read

The Legal Intelligencer

Washington Twp. Indep. Sch. Dist. v. State Bd. of Educ., PICS Case No. 17-0144 (Pa. Commw. Jan. 20, 2017) Brobson, J. (21 pages).

By | February 07, 2017
State board of education erred in disapproving the creation of an independent school district and its transfer from one county school district to another county school district and in accepting and adopting the report of a special education committee appointed by the board because the board's scope of review should have been limited to determining whether the assignment of petitioner independent school district to other county would result in a reorganization of school districts that violated statutory and board-promulgated standards. Vacated and remanded for review under the proper scope and standard.
5 minute read

The Legal Intelligencer

For Law Firms, Higher Ed Probes Mean Opportunity—And Risk

Even for highly experienced firms, Title IX and sexual assault investigations pose special challenges. Just ask Pepper Hamilton.
28 minute read

National Law Journal

NLRB Top Counsel Sides With College Players as Employees, But Does It Matter?

Richard Griffin, general counsel of the National Labor Relations Board, declared in a memo released this week that athletes at private universities fit the definition of employee under federal labor law; but it may not matter in the new Trump administration.
9 minute read

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