index school law information exchange topic subtopic case
TRANSCRIPT
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VOLUME 57 (2020)
INDEX – SCHOOL LAW INFORMATION EXCHANGE
TOPIC SUBTOPIC CASE ISSUE NO.
ATTORNEY FEES; MONEY DAMAGES; EQUITABLE REMEDIES
BIDDING; ACQUISITION; SALE OF SCHOOL PROPERTY
Eminent Domain Res Judicata Condemnation by the Mercer Area School District for Acquisition of Land for
School Purposes in the Borough of Mercer 9
CHARTER SCHOOLS
Nonrenewal/Termination Material Violations of Charter Eastern University Academy Charter School v. School District of
Philadelphia 15
2
CHILD PROTECTIVE SERVICES LAW
CIVIL PROCEDURE; EVIDENCE; MOTIONS
CIVIL RIGHTS/CONSTITUTIONAL RIGHTS
Contract Clause U.S.
Constitution
Impairment of Contractual Rights
of Tenured Employees Watters, et al v. Board of School Directors of the City of Scranton 20
Equal Pay Act Barthelemy, et al. v. Moon Area School District 9
First Amendment Facial Challenge K.S., a minor, BY AND THROUGH his parents, Thomas and Donna Schenk v.
Pottsville Area School District 8
Free Exercise of Religion –
“Blaine amendments” Espinoza, et al v. Montana Department of Revenue, et al 14
Right of Assembly County of Butler, et al v. Thomas W. Wolf, et al 19
Speech Protected Daman v. Rochester Area School District, et al 12
Morgan Earnest, a minor, by and through her mother, Linda Kohler v Mifflin
County School District 23
3
B.L., a minor, BY AND THROUGH her father Lawrence Levy and her mother
Betty Lou Levy v. Mahanoy Area School District 14
Speech Not Protected Rachel L. Carr v. PennDOT 11
Retaliation Ali v. Woodbridge Township School District 9
G.S. as an individual and mother and natural guardian of S.S., a minor v.
Penn Trafford School District, et al 22
James R. Elliot v. PIAA 24
Union Dues Diamond, et al v. Pa. State Education Association, et al 19
Hartnett v. Pa. State Educ. Ass’n 20
Fourteenth Amendment Defamation Ali v. Woodbridge Township School District 9
Razzano v. Sarandrea (New Castle Area S.D.) 1
Due Process K.S., a minor, BY AND THROUGH his parents, Thomas and Donna Schenk v.
Pottsville Area School District 8
County of Butler, et al v. Thomas W. Wolf, et al 19
Dunmore School District v. Pa. Interscholastic Athletic Assoc 25
Equal Protection Claim County of Butler, et al v. Thomas W. Wolf, et al 19
4
Dunmore School District v. Pa. Interscholastic Athletic Assoc 25
Failure to Train A.A., a minor, by his parent and natural guardian, Yolette Alcis v. The
School District of Philadelphia, et al 24
Failure to Train – Deliberate
Indifference D.B. v. Tredyffrin/Easttown School District, et al 22
Supervisory Liability D.B. v. Tredyffrin/Easttown School District, et al 22
Noerr-Pennington Doctrine Campbell, et al v. Pa. School Boards Association, et al 18
Pennsylvania Human Relations
Act Minority Tolling Statute
Nicole B., individually and on behalf of N.B. v. School District of
Philadelphia, et al 20
Policy or Custom G.S., as an individual and mother and natural guardian of S.S. v. Penn-
Trafford School District, et al 11
Monell Liability Eniyah Brown Moore, et al v. Solanco School District, et al 15
David and Renee Henry, individually and as guardians and parents of
S.J.K.H., a minor v. School District of Philadelphia, et al 23
A.A., a minor, by his parent and natural guardian, Yolette Alcis v. The School
District of Philadelphia, et al 24
State-Created Danger G.S., as an individual and mother and natural guardian of S.S. v. Penn-
Trafford School District, et al 11
Roussaw as Legal Guardian of A.J. v. Mastery Charter High School, et al 12
Lesher v. Zimmerman & Hamburg Area School District 17
5
H.U. and B.U., parents and natural guardians of K.U. v. Colonial
Northampton – IU 19
David and Renee Henry, individually and as guardians and parents of
S.J.K.H., a minor v. School District of Philadelphia, et al 23
A.A., a minor, by his parent and natural guardian, Yolette Alcis v. The School
District of Philadelphia, et al 24
Title VI Harassment and Race
Discrimination Eniyah Brown Moore, et al v. Solanco School District, et al 15
Title VII Sex Discrimination: Gay and
Transgender Employees
Bostock v. Clayton County, GA; Altitude Express, Inc., et al v. Melissa
Zarda, et al; R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, et al
13
Title IX Appropriate Person M.S., a minor, BY AND THROUGH her mother, Paris Hall v.
Susquehanna Township School, et al 17
D.B. v. Tredyffrin/Easttown School District, et al 22
Hostile Education Environment David and Renee Henry, individually and as guardians and parents of
S.J.K.H., a minor v. School District of Philadelphia, et al 23
Investigation D.B. v. Tredyffrin/Easttown School District, et al 22
Policy Roussaw as Legal Guardian of A.J. v. Mastery Charter High School, et al 12
Retaliation John Joe Doe v. Career Technology Ctr of Lackawanna Co., et al 10
Sex Discrimination; Hostile
Educational Environment;
Retaliation
Rullo v. University of Pittsburgh 7
6
COLLECTIVE BARGAINING; ARBITRATION; LABOR
Arbitration Award California Area Sch. Dist. v. California Area Educ. Ass’n, PSEA/NEA
10
Past Practice Riverside School District v. Riverside Educational Support Personnel
Association 21
Alternative Dispute Resolution Darrington v. Milton Hershey School 10
Conspiracy Anderson and Jackiewicz v. Pleasant Valley Education Support
Professionals Association, Pleasant Valley School District, et al 20
Duty of Fair Representation Anderson and Jackiewicz v. Pleasant Valley Education Support
Professionals Association, Pleasant Valley School District, et al 20
Essence Test California Area Sch. Dist. v. California Area Educ. Ass’n, PSEA/NEA
10
Riverside School District v. Riverside Educational Support Personnel
Association 21
North Allegheny School District v. North Allegheny Federation of
Teachers 23
Election of Remedies Richard L. Seech v. Gateway School District 24
Inherent Managerial Rights
Employer Authority to Unilaterally
Implement Policy Balancing Test
ABSCUF v. PLRB (Appeal of State System of Higher Education) 7
CRIMINAL OFFENSES
Possession of Child Pornography In the Interest of: C.B., a Minor 23
7
EDUCATOR DISCIPLINE ACT
EMPLOYEE DEMOTION; DISCIPLINE; EVALUATION; TERMINATION
Breach of Contract Castagna v. W. Mifflin Area Sch. Dist 22
Termination Due Process Rights Tracy Cormier v. Crestwood School District et al. 22
Suniaga, et al v. Downingtown Area School District 25
Failure to Properly Supervise
Students School District of Philadelphia v. Sonarith Chek 15
First Amendment Rights Castagna v. W. Mifflin Area Sch. Dist.
22
Parker v. Sch. Dist. of Phila. 24
Intemperance School District of Philadelphia v. Sonarith Chek 15
State Law Claims Suniaga, et al v. Downingtown Area School District 25
EMPLOYMENT DISCRIMINATION
8
Section 1981 Claim Against
Individuals Ali v. Woodbridge Township School District 9
Esther Purnell v. Radnor Township School District 13
Sexual Harassment Title VII Tammy Wakefield and Johnny Wakefield v. Beaver Area School
District 18
Age Discrimination Termination Tammy Wakefield and Johnny Wakefield v. Beaver Area School
District 18
Goodman v. Norristown Area Sch. Dist. 20
Rebecca Cartee-Haring v. Central Bucks School District 25
Gender Discrimination Esther Purnell v. Radnor Township School District 13
Elizabeth Brown & Kim Evans-Johnson, v. William Penn School
District 16
Rebecca Cartee-Haring v. Central Bucks School District 25
National Origin Discrimination Ines S. Zohni v. The School District of Philadelphia 25
Race Discrimination Esther Purnell v. Radnor Township School District 13
Elizabeth Brown & Kim Evans-Johnson, v. William Penn School
District 16
Goodman v. Norristown Area Sch. Dist. 20
9
Ines S. Zohni v. The School District of Philadelphia 25
Retaliation Esther Purnell v. Radnor Township School District 13
Goodman v. Norristown Area Sch. Dist. 20
Ines S. Zohni v. The School District of Philadelphia 25
Disability Discrimination Vavases v. California Area Sch. Dist. 20
Ines S. Zohni v. The School District of Philadelphia 25
Rebecca Cartee-Haring v. Central Bucks School District 25
Equal Pay Rebecca Cartee-Haring v. Central Bucks School District 25
EQUAL EDUCATION OPPORTUNITY ACT
IMMUNITY/SUITS AGAINST LOCAL AGENCIES
Political Subdivision Tort Claims
Act Sexual Abuse
Jane Doe, a minor v. Harrisburg School District d/b/a Rowland
Academy 17
10
Willful Misconduct Roussaw as Legal Guardian of A.J. v. Mastery Charter High School, et
al 12
INTERMEDIATE UNIT
PENNSYLVANIA PUBLIC SCHOOL CODE
Section 1-111 Act 168 Forms – Defamation Razzano v. Sarandrea (New Castle Area S.D.) 1
Section 11-1124 Position Elimination Dr. Steven Greenfield v. Hanover Area School District 11
Economic Reasons Watters, et al v. Board of School Directors of the City of Scranton 20
PUBLIC EMPLOYEE RELATIONS ACT
PUBLIC OFFICIAL AND PUBLIC EMPLOYEE ETHICS ACT
11
Conflict of Interest Use of Authority; Private
Pecuniary Benefit John P. Sivick v. State Ethics Commission 21
PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM
PUPIL TRANSPORTATION
RIGHT-TO-KNOW LAW; PUBLIC RECORDS
Exceptions Criminal and Noncriminal
Investigation Shackner, et al v. Edinboro University 10
Personnel – Employee Discipline Highlands School District v. Brian Rittmeyer and Tribune-Review 24
Pre-decisional Deliberation Shackner, et al v. Edinboro University 10
FERPA – Privacy Interest Easton Area School District v. Rudy Miller and the Express Times 13
Loss of Federal Funds FERPA – Bus Video Easton Area School District v. Rudy Miller and the Express Times 13
12
Record Maintenance Education Record Shackner, et al v. Edinboro University 10
SCHOOL BOARD POLICY
Anti-Harassment K.S., a minor, BY AND THROUGH his parents, Thomas and Donna Schenk v.
Pottsville Area School District 8
Cyberbullying J.S., a minor by his parents, M.S. and D.S. v Manheim Township School
District 11
Terroristic Threats J.S., a minor by his parents, M.S. and D.S. v Manheim Township School
District 11
SCHOOL TERRITORY TRANSFER/INDEPENDENT DISTRICTS
Educational Merit Financial Considerations not
Factor
In Re: Petition for Formation of Independent S.D.,
Consisting of the Borough of Highspire, Dauphin County, PA 5
Creation and Transfer of an
Independent School District State Board’s Role
Washington Township Independent School District v. Pa. State Board
of Education 12
SPECIAL EDUCATION; SECTION 504; ADA; GIFTED EDUCATION
Attorneys’ Fees
E.H. and R.H., individually and on behalf of their daughter, K.H., et al
v. Wissahickon School District 23
Compensatory Education Downingtown Area Sch. Dist. v. G.W. 21
Damages Compensatory & Punitive Andrew Moynihan, et al v. West Chester Area School District 8
13
Evaluation A.J., a minor v. East Stroudsburg Area School District 17
Gifted Education Kim Doan and I.D. v. Downingtown Area School District 18
Exhaustion of Administrative
Procedures / Remedies
Not Required in intentional
Discrimination K.L. v. Scranton S.D. 1
Andrew Moynihan, et al v. West Chester Area School District 8
T.R., et al v. School District of Philadelphia 10
D.C., a minor by and through his mother, A.T. v. Pittsburgh Pub. Sch.,
et al 23
F.S. by and through her parent Pamela Scarano v. Crestwood School
District, et al 25
FAPE Cyber Charter School J.D., a student with a disability, et al v. The Pennsylvania Virtual
Charter School 25
Educational Offer of
Nonresidential Program to Student
in Residential Placement Not
FAPE
Colonial S.C. v. E.G. 4
Least Restrictive Environment James Wishard and Jennifer Wishard, on behalf of their minor child,
J.W. v. Waynesboro Area School District 18
Least Restrictive Environment
After Placement Outside of the
District
J.S., a minor, BY AND THROUGH his parent, P.S. v. Keystone Oaks School
District 8
Andrew Moynihan, et al v. West Chester Area School District 8
14
Homeschooling M.C., by and through his Mother, Marie Conyers v. The School District
of Philadelphia 18
IDEA Standard of Review A.J., a minor v. East Stroudsburg Area School District 17
Meaningful Participation Parental Cooperation Sufficient Colonial S.C. v. E.G. 4
Parental Cooperation Not
Sufficient J.F. and J.F. v. Byram Township Board of Education 11
Medical Marijuana Discrimination Harrisburg Area Community Coll. v. Pennsylvania Human Relations
Comm’n 24
Pendency J.F. and J.F. v. Byram Township Board of Education 11
Subject Matter Jurisdiction Andrew Moynihan, et al v. West Chester Area School District 8
Andrew Moynihan; Karen Moynihan v. West Chester School District, et
al 16
Tuition Reimbursement Nonresidential Placement Colonial S.C. v. E.G. 4
J.F. and J.F. v. Byram Township Board of Education 11
Andrew Moynihan; Karen Moynihan v. West Chester School District,
et al 16
STUDENTS
15
Residency Vocational Schools or
Departments Hazelton School District v. Central Columbia School District 14
Muffley v. Hall 21
Title IX Student-Student Harassment Rullo v. University of Pittsburgh 7
STUDENT DISCIPLINE/STUDENT MISCONDUCT
Extracurricular Off-campus Activities T.W., a minor, by and through his father, Thomas Waltman, et al v.
Southern Columbia Area School District 20
T.W., a minor, by and through his father, Thomas Waltman, et al v.
Southern Columbia Area School District 24
Student-Student Sexual
Harassment Investigation Rullo v. University of Pittsburgh 7
TAXATION
Property Tax Index (Act 1) Preliminary Injunction Prohibiting
Tax Increase Above Index Wolk. v. S.D. of Lower Merion 5
Billboards In re: Consolidated Appeals of Chester-Upland School District and
Chichester School District 21
TORTS
Defamation Act 168 Report Razzano v. Sarandrea (New Castle Area S.D.) 1
16
UNEMPLOYMENT COMPENSATION
Willful Misconduct
Standards Can Expect;
Inappropriate Contact with Fifth-
Grade Students
Satterly v. Unemployment Compensation Bd. Of Rev.
(Athens Area S.D.) 2
VETERANS’ PREFERENCE ACT
WHISTLEBLOWER
Wrongdoing Daman v. Rochester Area School District, et al 12
WORKERS’ COMPENSATION
INDEX – IN SHORT
17
TOPIC MATTER ISSUE NO.
A
Arbitration Award – Job Bidding Williamsport Area School District v. Williamsport Area Education Support
Professionals Assoc.
9
Arbitration Clause – Employment Contract Shonte Watkins v. Vision Academy Charter School 16
Athletic Coach Breach of Contract Action Galante v. Moniteau S.D. 5
B
C
Charter School Funding Disputes – Jurisdiction Avon Grove Charter School v. Coatesville Area School District 17
Charter School Management Co.: Standing,
Breach of Contract, Procedural and Substantive
Due Process
Aspira, Inc. of Pa. v. The S.D. of Philadelphia 3
18
Criminal Offenses – Records Tampering Commonwealth of Pa. v. Arthur Melton 10
D
Discipline – Social Media Post Appeal of G.S., a minor, by and through his parents, Erin and Jason Snyder 18
Discrimination (Disability): Colorblindness David v. The Penna. State University 3
Due Process – Right to Minimum Education Gary B. et al. v. Whitmer, et al 9
E
Ethics Act Violations In re: John Wilkinson 25
Employee Discipline – Willful Neglect of Duties
Moskowitz v. Central Buck Sch. Dist 21
19
F
Fair Labor Standards Act – School Police Clark v. Delaware Valley School District 7
First Amendment – Union Dues Deduction Molina v. Pa Social Services Union, et al 11
First Amendment – Policymaking Position Black & Davison, et al v. Chambersburg Area School District 15
G
H
I
IDEA – Attorneys’ Fees Rena C. v. Colonial S.D. 6
20
IDEA – Breach of Settlement for Payment for
Compensatory Services Jacqueline N. v. S.D. of Philadelphia 4
IDEA – Statute of Limitations: Knew or Should
have Known B.B. v. Delaware College Preparatory Academy 4
IDEA – Least Restrictive Environment
Pennsylvania Special Education Hearing Officer – Final Decision and
Order – ODR File No. 23066-19-20 (LEA: Propel Charter Schools)(Date of
Decision: January 10, 2020) 8
Independent School District Petition – Educational
Merits
Petition to Establish an Independent S.D .for Property Situated in
Jefferson Tp. Somerset County for Purposes of Transfer to an Adjacent S.D. 2
Insurance Coverage Dispute Nat’l Liability & Fire Ins. Co. v. Brimar Transit Inc. and Pittsburgh Public S.D. 3
J
K
L
21
M
Mandamus/Action Seeking Reinstatement to
Position Furst v. Easton Area S.D. 3
N
Nonprofit Corporation Law – Definition of
“Meeting” M4 Holdings LLC v. Lake Harmony Estates Property Owners Association 19
O
P
Professional Employee Appeal of Termination –
Failure to Exhaust Administrative Remedy Edwards v. Beaver County CTC 6
Public School Code – Demotion Askin v. Sch. Dist. of Pittsburgh 21
22
Q
R
Reporting Mandates – Defamation/Invasion of
Privacy Claims Nothstein v. USA Cycling 23
Right-to-Know Law, Section 708 (b)(7)(viii)
Information on Employee Discipline Highlands S.D. v. Rittmeyer and Tribune 2
Right-to-Know Law, Section 708(b)(10)(i)(A) –
Predecisional Deliberations
Payne v. Pa. Dept. of Health 22
S
Sexual Abuse of Students by Teacher: Title IX,
Custom or Policy, Failure to Train John Joe Doe C.D. v. CTC of Lackawanna County, et al (Scranton S.D.) 6
Section 1983 – Monell M.W. v. Shikellamy School District 13
23
Sunshine Act – Virtual Meetings Kelly McGrath v. Board of School Directors of the City of Scranton, et al 21
T
Tax Assessment Appeal – Mootness Easton Area School District v. The Board of Revenue Appeal of Northampton Co., et al
18
Tax Assessment Uniformity Clause/Valley Forge Bethlehem Area S.D. v. Bd. Of Revenue Appeals of Northampton County 2
Colonial School District v. Montgomery County Board of Assessment Appeals 12
Kennett Consolidated School District v. Chester County Bd of Assessment Appeals 24
Tax Exemption (Religious): Remand for
Additional Discovered Evidence of Use of Property
Appeal of Saraswati Nirmalananda from Decision Assessment Appeal for
Property Located at 1400 Hampton Dr, West Bradford, Tp., Chester County, PA
(Downingtown Area S.D) 5
Tax Exemption (Purely Public Charity) Use of
Property Solely for Charitable Purpose Ceramic Art & Culture Institute v. Bd. Of Assessment Appeals of Berks County 5
24
Taxation – Tax Collector Standing Kabel v. Manheim Twp. Sch. Dist. 23
Taxation – Nonpayment of School Real Estate
Taxes
Penn Hills School District v. Kamakshi, Inc. v. Adelita Real Estate
Development, Inc. 14
Terroristic Threats by Parent to Administrator Commonwealth of Penna. v. Crosby 1
Title IX – Student-on-Student Assault M.W. v. Shikellamy School District 13
U
V
W
Wage Payment and Collection Law (PA) – School
Police Clark v. Delaware Valley School District 7
25
Wiretap – Consent Commonwealth v. Byrd 20
X
Y
Z
INDEX – PUBLIC SECTOR ARBITRATION
TOPIC SCHOOL DISTRICT ISSUE NO.
CONTRACT LANGUAGE – INTENT OF
PARTIES ON CHANGES RELATING TO
PERSONAL LEAVE AND PRIOR LANGUAGE
Arbitration by Agreement of the Parties, Norristown E.A. and Norristown Area S.D. 3
DISCHARGE FOR TAKING LEAVE AFTER
REQUEST DENIED – School Code §5-514
In the Matter of Arbitration between Nanticoke Area Support Professionals Ass’n
and Greater Nanticoke Area S.D. 3
DUE PROCESS VIOLATION Tussey Mountain School District v. Tussey Mountain Education Association 15
26
FMLA LEAVE DESIGNATION BY EMPLOYER
CONTESTED
In the Matter of Arbitration Between Blast Intermediate Unit 17
and Blast Intermediate Unit Education Association PSEA-NEA 1
IMMORALITY
Greenville Area School District v. Greenville Education Association, PSEA/NEA 20
INHERENT MANAGERIAL POWERS
Central Cambria School District v. Central Cambria Education Association 20
JUST CAUSE FOR TERMINATION
In the Matter of Arbitration Between Dallastown Area School District and Dallastown
Area Education Association 10
LONG TERM SUBSTITUTES Dover Area School District v. Dover Area Education Association 20
SABBATATICAL LEAVE DENIAL Arbitration by Agreement of the Parties, Great Valley E.A.
and Great Valley S.D. 3
TUITION REIMBURSEMENT TO THIRD
PARTY PROVIDERS
In the Matter of Arbitration Between Waynesboro Area
Education Association PSEA/NEA and Waynesboro Area S.D. 2
IN OTHER NEWS
Issue
Office of Dispute Resolution Notice COVID-19 Notice that due process hearings will be held virtually, March 31, 2020 7
Cell phone service provider files suit over its denial of request to place cell tower on public school
property 8
27
Act 15 of 2020: Remote Notaries 9
Civil rights groups are seeking court order prohibiting Idaho from enforcing its new transgender law 10
Final Rules under Title IX of the Education Amendments of 1972 released 10
Cheltenham teachers got a new contract. But coronavirus could change the terms 11
Kids with autism being denied an education during the pandemic, PA lawsuit says 11
PSBA Policy 824 Considerations Guide 11
Pennsylvania Catholic Conference submits a formal complaint to the Pennsylvania Department of Education 11
Pennsylvania Attorney General and 17 other Attorneys General File Suit re: Title IX Regulations 12
Sixth Circuit Vacates Its Panel Decision in Detroit Public Schools literacy case 12
28
Supreme Court Rules Recission of DACA Program Arbitrary and Capricious 13
Office of Special Education and Rehabilitative Services’ Office of Special Education Programs
Releases Questions and Answers Documents 13 & 14
The Office of Dispute Resolution added Decisions to their Website on July 16, 2020 15
PDE Issued School Reopening Updates 15
Complaint filed on behalf of parents of children with disabilities 16
FTC publishes FAQ on COPPA 16
Attorney alleges that a former North Penn administrator's rights were violated by school district 16
The Office of Dispute Resolution added Decisions to their Website on July 30, August 10 &
August 13, 2020 17
Federal Appeals Court Backs Transgender Student on School Restroom Use 17
Another Federal Appeals Court Backs Transgender Student on School Restroom Use 18
Injunction Issued Against Department of Education’s Interim Final Rule 18
Petition for Allowance of Appeal Granted - CD v. Hawkins 19
New FAQs Issued by the Department of Labor 19
Petition for Allowance of Appeal Granted - In re: Petition for Formation of Independent School District
Consisting of the Borough of Highspire, Dauphin County, Pennsylvania 20
29
Volume VI 2020 of the Policy News Network+ (PNN+) is now posted and available in the Web-based policy system
for school entities in PSBA’s policy service. 20
Delaware settles education lawsuit, more than doubles funding to address equity 21
Scranton School District hopes for agreement with the IRS by the end of the year. 23
Butler Area School District Files Petition for Review 25
Supreme Court rejects appeal to limit transgender students from using locker rooms
and bathrooms of the gender with which they identify 25