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VOLUME 54 (2017)

INDEX – SCHOOL LAW INFORMATION EXCHANGE

TOPIC SUBTOPIC CASE ISSUE NO.

ATTORNEY FEES; MONEY DAMAGES; EQUITABLE REMEDIES

Equitable Relief Barred by Doctrine of Laches Wheels Mechanical Contracting and Supplier, Inc. (West Jefferson

Hills) 5

BIDDING; ACQUISITION; SALE OF SCHOOL PROPERTY

Bid Protest Wheels Mechanical Contracting and Supplier, Inc. (West Jefferson

Hills) 5

Guaranteed Energy Savings Act Bidding Requirements Wescott (Delaware County IU) 22

Separations Act Wescott (Delaware County IU) 22

2

CHARTER SCHOOLS

Amendment Request Discovery Charter School (Philadelphia) 15

Board of Trustees Real and Substantial Authority

Test Insight PA Cyber Charter School 11

Charter School Appeal Board Jurisdiction From Appeals Related

to Charter Amendment Requests Discovery Charter School (Philadelphia) 15

Nonrenewal Decision Archer (York City) 19

Payment of Reconciliation Monies KIPP Philadelphia Charter Schools 9

Richard Allen Preparatory Charter School 9

Responsibility for a Defunct Charter School’s Unpaid Employer

Pension Contributions Pocono Mountain School District 1

CIVIL PROCEDURE; EVIDENCE; MOTIONS

Judicial Abstention William Penn School District 19

Justiciability William Penn School District 19

Political Question Doctrine William Penn School District 19

3

CIVIL RIGHTS/CONSTITUTIONAL RIGHTS

Article 1, Section 1 of the

Pennsylvania Constitution Informational Privacy Reese 22

Due Process

Impermissible Commingling of

Functions Purcell (Reading) 15

Voluntariness of Resignation Judge (Shikellamy) 17

First Amendment

Communication with Unionized

Employees Erie County Technical School 17

Disruption at Public Meeting Barna (Panther Valley) 23

Off-Campus Social Media Post A.N. (Upper Perkiomen) 2

B.L. (Mahanoy Area) 20

Retaliation Mirabella 7

Right to Petition the Government

for Redress Mirabella 7

Fourteenth Amendment

Equal Protection Clause -

Transgender Students

A.H. (Minersville Area) 22

Evancho (Pine-Richland) 6

Right to Bodily Integrity Mann (Palmerton Area) 19

Right to Privacy -

Cisgender Students Doe (Boyertown) 17

Pennsylvania Constitution Education Funding System William Penn School District 19

4

Section 1983

Plaintiffs may not Seek Damages

under § 1983 for Stand-Alone

Violations of Title VII or the ADA

Williams 18

State-Created Danger Mann (Palmerton Area) 19

Title VI Similarly Situated Students Davis (Quaker Valley) 12

COLLECTIVE BARGAINING; ARBITRATION; LABOR

Arbitrator’s Authority School District of Philadelphia 9

Essence Test

Cornwall-Lebanon School District 3

Arbitrator’s Power to Modify

Discipline Upper Merion Area School District 13

Use of Past Practice when CBA is

Silent on a Matter School District of Philadelphia 12

Public Policy Exception

Cornwall-Lebanon School District 3

Illegal Drug Use Upper Merion Area School District 13

Mere Negligence School District of Philadelphia 9

Sexual Harassment Neshaminy School District 18

5

Status Quo School District of Philadelphia 12

Termination of Superintendent Purcell (Reading) 15

CRIMINAL OFFENSES

Possessing a Weapon on School

Property Other Lawful Purpose Commonwealth v. Goslin 4

EDUCATOR DISCIPLINE ACT

Educator Misconduct Complaint Time Limitations for Filing Whalen 10

EMPLOYEE DEMOTION; DISCIPLINE; EVALUATION; TERMINATION; STATUTORY RIGHTS

Demotion

Election of Remedies Northeast Bradford School District 14

Right to a Hearing Burnett (SD of Philadelphia) 14

Inspection of Personnel Files Former Employees with no Recall

Rights have no Right to Inspect Thomas Jefferson University Hospital, Inc. (PA Dept. of Labor) 13

Termination of Superintendent Purcell (Reading) 15

Termination of Contract (Boys’

Soccer) Compensation Paid in Full Bollinger (Cheltenham Township) 23

6

EMPLOYMENT DISCRIMINATION

Administrative Remedies Title VII and ADA Williams 18

Age Fiorentini (William Penn) 1

Disability

Fiorentini (William Penn)

1

Gender Dysphoria Blatt 11

Retaliation Blatt 11

EQUAL EDUCATION OPPORTUNITY ACT

Action to Overcome Language Barriers that Impede Equal

Participation Issa (Lancaster) 3

IMMUNITY/SUITS AGAINST LOCAL AGENCIES

Municipal Liability Mann (Palmerton Area) 19

Qualified Immunity

Municipalities do not Enjoy

Qualified Immunity from Suit for

Damages under Section 1983

Barna (Panther Valley) 23

Right Not Clearly Established

Barna (Panther Valley) 23

Mann (Palmerton Area) 19

Mirabella 7

7

Real Property Exception Exposure to Asbestos Dust Geier (Pittsburgh) 3

Utility Service Facilities

Exception Exposure to Asbestos Dust Geier (Pittsburgh) 3

PENNSYLVANIA LAW

Administrative Code

Regulations Promulgated under

Repealed and Replaced Statutes

Have No Force and Effect

Reese 22

PENNSYLVANIA PUBLIC SCHOOL CODE

Section 5-514

Soccer Coach Not Entitled to

Hearing Because Contract Already

Expired

Bollinger (Cheltenham Township) 23

Section 7-751 Wheels Mechanical Contracting and Supplier, Inc. (West Jefferson

Hills) 5

Section 7-778 Application for School Police In Re: Petition of The Gateway School District 4

Section 11-1151 Demotion Hearing Burnett (SD of Philadelphia) 14

Northeast Bradford School District 14

Section 13-1302 Residency Requirements for Free

Attendance Whitacker-Reid (Pottsgrove) 4; 9

Section 13-1317.2 Pencil is not a Weapon S.A. (Pittsburgh) 9

Section 13-1361 Not Preempted By Federal Law

Regarding Students with F-1 Visas Pennsylvania International Academy LLC (Fort LeBoeuf) 7

8

Section 13-1374 Transportation for Gifted Student Mt. Lebanon School District 22

PUBLIC EMPLOYE RELATIONS ACT

Unfair Labor Practices

Coercion Erie County Technical School 17

Obligation to Bargain in Good

Faith Erie County Technical School 17

PUBLIC SCHOOL EMPLOYES’ RETIREMENT SYSTEM

Entitlement to Annuity Break in Service Robertson (Greater Johnstown CTC) 10

PUPIL TRANSPORTATION

Discretion to Provide Transportation Mt. Lebanon School District 22

Provision of Transportation to

Students on F-1 Visas

Section 1361 Not Preempted by

Federal Law Pennsylvania International Academy LLC (Fort LeBoeuf) 7

9

RIGHT-TO-KNOW LAW; PUBLIC RECORDS

Attorney-Client Privilege California University of Pennsylvania 16

Bus Surveillance Videos Port Authority of Allegheny County 18

Exceptions

Non-Criminal Investigation California University of Pennsylvania 16

Port Authority of Allegheny County 18

Predecisional Deliberation California University of Pennsylvania 16

Right-to-Know Law

Applicable to Secure Employee

Information Made Public by

Administrative Code

Reese 22

SCHOOL BOARD POLICY

Transgender Students Restrooms/Locker Rooms


Doe (Boyertown) 17


SCHOOL TERRITORY TRANSFER/INDEPENDENT DISTRICTS

Creation and Transfer of an

Independent School District State Board’s Role Washington Township Independent School District 2

10

SPECIAL EDUCATION; SECTION 504; ADA; GIFTED EDUCATION

Appropriateness of Gifted Math Program and Placement Downingtown Area School District 5

Attorneys’ Fees

Prevailing Party - Backward-

Looking and Compensatory Relief

Arising from Stay Put Provision

M.R. (Ridley) 16

Compensatory Damages Intentional Discrimination Post (Philadelphia) 17

Exhaustion of the IDEA’s

Administrative Procedures

Unnecessary Where the Gravamen

of the Plaintiff’s Suit is Something

Other Than the Denial of the

IDEA’s Core Guarantee of a FAPE

Fry 5

Extent of Hearing Officer’s

Jurisdiction Regarding Resolution

Agreement

West Chester Area School District 13

Matters Arising after Close of

Hearing Post (Philadelphia) 17

Free Appropriate Public

Education

To Meet IDEA Substantive

Obligation Must Offer IEP

“reasonably calculated to enable a

child to make progress appropriate

in light of the child’s

circumstances.”

Endrew F. (Douglas County School District) 6

11

STUDENTS

Extracurricular Activities Traumatic Brain Injury Mann (Palmerton Area) 19

Title IX Transgender Students


Doe (Boyertown) 17


STUDENT DISCIPLINE/STUDENT MISCONDUCT

Disciplined for Off-Campus Social Media Post A.N. (Upper Perkiomen) 2

Discrimination Race Davis (Quaker Valley) 12

Dismissed from Cheerleading Squad for Off-Campus Speech B.L. (Mahanoy Area) 20

Expulsion for Weapon Pencil S.A. (Pittsburgh) 9

TAXATION

Tax Assessment Appeal Improvements to Property Fasnacht 6

Uniformity Clause of the

Pennsylvania Constitution

All Real Estate is a Single Class of

Property for Uniformity Purposes Valley Forge Towers (Upper Merion) 15

12

UNEMPLOYMENT COMPENSATION

Religious Beliefs Kaite 23

VETERANS’ PREFERENCE ACT

Definition of “Soldier”

West Point Cadet Who Did Not

Graduate and Never Performed

Military Service Not Entitled to

Preference

Blake 14

WORKERS’ COMPENSATION

Impairment Rating Evaluations

Physician-Evaluator Must Apply

Professional Judgment to Assess

Level of Impairment

Duffey 2

Section 306(a.2) Declared

Unconstitutional Protz 13

Notice of Compensation Payable Duffey 2

13

INDEX – ARTICLES

TITLE ISSUE

NO.

More about the new furlough provisions under Act 55 of 2017

21

New legislation resolves uncertainty about permissible scope of Guaranteed Energy Savings Contracts; also tightens

documentation requirements

3

PSERS Publication Explaining Retiree Return to Service Rules Offers Simplified Procedure for Use as Per Diem Subs

8

Policy News Network Sends Reminder About Legal Alert on Act 10 Investments

7

Revised Pennsylvania Notary Law Takes Effect Oct. 26, 2017 – New School Director Oath of Office Certificate Template

Available

19

14

INDEX – IN SHORT

TOPIC SCHOOL DISTRICT ISSUE NO.

Act 1 Index Wolk (Lower Merion) 9

Age Discrimination DiMatteo (Philadelphia) 22

Appeal from an Injunction Wolk (Lower Merion) 9

Arbitrator’s Authority School District of Philadelphia 8

Associational Discrimination Claims Asserted by

Nondisabled Individuals K.K. (North Allegheny) 15

Charter Schools Archer (York City) 2

Court Approval of Settlement Agreement J.N. (Penn-Delco) 3

15

Criminal Background Checks United Union of Roofers, Waterproofers, and Allied Workers,

Local Union No. 37 (North Allegheny) 8

Demotion Donovan (Pittston Area) 23

Fitzpatrick (McKeesport Area) 1; 15

Determination of Tuition Rates West Mifflin Area School District 2

Disorderly Conduct Commonwealth v. N.M.C. 20

Due Process Barnett (Penn Hills) 14

Donovan (Pittston Area) 23

Election Regions In Re: Petition to Reapportion the Wyomissing Area School District from At Large to (3)

Regions for the Election of School Directors 10

Equal Protection Archer (York City) 2

Essence Test Rose Tree Media School District 6

Family and Medical Leave Act (FMLA) Zuber 18

Filing of Pa.R.A.P. 1925(b) Statement In Re: Condemnation by the Mercer Area School District 1

First Amendment Retaliation Claim Sundberg (Lewisburg Area) 16

16

Necessitous and Compelling Reason for

Voluntarily Quitting Job

Forbes Road School District 8

Negligence Hites (PIAA) 20

PSERS (Full Release Time Provision) Ramos (Allentown) 4

PSERS (Return to School Service During

Emergency) Volpe 22

Persistent and Willful Violation of or Failure to

Comply with School Laws Erdlen (Lincoln Intermediate Unit No. 12) 14

Petition for Approval of Private Sales of Unused

and Unnecessary Land and Buildings

In Re: Private Sales of Former: Charles Carroll High School, Robert Fulton Elementary

School, Germantown High School, Walter Smith Elementary School and Abigail Vare

Elementary School (Philadelphia) 5

Preliminary Injunction United Union of Roofers, Waterproofers, and Allied Workers,

Local Union No. 37 (North Allegheny) 8

Public Policy Exception School District of Philadelphia 8

Safety in Youth Sports Act Hites (PIAA) 20

Section 504 of the Rehabilitation Act Rylan M. (Dover Area) 12

Stigma-Plus Claim Bassetti (Boyertown Area) 16

Student-on-Student Sexual Harassment Bittenbender (Bangor Area) 11

17

Sunshine Act – Public Participation Sklaroff (Abington) 20

Tax Exemption – Purely Public Charity In Re: Appeal of the City of Coatesville From the Decision of the County of Chester

Board of Assessment Appeals (Coatesville) 5

Tax Liens Act Duquesne City and Duquesne City School District 3

Title IX Bittenbender (Bangor Area) 11

Videotaping Depositions C.G. (Winslow Township Board of Education) 14

Whistleblower Law Schellbach (Colonial IU) 20

Year-to-Year Contractual Coaching Position Sundberg (Lewisburg Area) 16

18

INDEX – PUBLIC SECTOR ARBITRATION

TOPIC SCHOOL DISTRICT ISSUE NO.

ARBITRABILITY Downingtown Area School District 14

Wissahickon Education Alliance (Support) 1

COMPENSATION FOR COVERING/SITTING

IN Abington Heights School District 12

DEFECTIVE STATEMENT OF CHARGES New Kensington-Arnold Education Association 16

DISCIPLINE/DISMISSAL (professional employee)

Athens Area Education Association 12

Downingtown Area Education Association, PSEA-NEA 15

New Kensington-Arnold Education Association 16

Penn Manor Education Association 11

West Chester Area Education Association 15

William Penn Education Association 13

DISCIPLINE/DISMISSAL (support personnel) Northern Lehigh ESPA 4

EARLY DISMISSAL Hanover Area Education Association 2

EARLY RETIREMENT INCENTIVE Franklin Area School District 19

FILING VACANCIES Souderton Area School District 9

19

FLEXIBLE SPENDING ACCOUNT Butler Area School District 8

IMMORALITY Penn Manor Education Association 11

IMPROVEMENT PLAN Downingtown Area Education Association, PSEA-NEA 15


INCONSISTENT TRANSFERS Shamokin Area School District 20

LAST CHANCE AGREEMENT Athens Area Education Association 12

LOUDERMILL HEARING New Kensington-Arnold Education Association 16

MILEAGE REIMBURSEMENT Riverview Intermediate Unit 6, Education Association, PSEA 18

PAST PRACTICE

Abington Heights School District 12

Bloomsburg Area School District 21

Hanover Area Education Association 2

PAY DISCREPANCY Abington Heights School District 12

PERSISTENT NEGLIGENCE IN THE

PERFORMANCE OF DUTIES


William Penn Education Association 13

PRESCRIPTION MEDICATION UPCHARGE Abington Heights School District 3

RESIGNATION Wissahickon Education Alliance (Support) 1

RETURN TO WORK – WORK-RELATED

INJURY Williamsport Area School District 7

20

SALARY INCREASE Bloomsburg Area School District 21

SCHOOL CALENDAR – REDUCTION IN

SALARY Shamokin Area School District 23

SUSPENSION/DISCIPLINE Chichester Education Association 19

Ridgway Area School District 10

SUSPENSION (support personnel) Sto-Rox School District 20

West Chester Area Education Support Professional Assoc. 11

UNPROFESSIONAL CONDUCT West Chester Area Education Support Professional Assoc. 11

UNSATISFACTORY TEACHING

PERFORMANCE William Penn Education Association 13

WAGES Ambridge Area School District 1

WORDING OF CBA Downingtown Area School District 14

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