INDEX SCHOOL LAW INFORMATION EXCHANGE TOPIC SUBTOPIC CASE

1

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.


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


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


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


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


9

Ines S. Zohni v. The School District of Philadelphia 25

Retaliation Esther Purnell v. Radnor Township School District 13



Disability Discrimination Vavases v. California Area Sch. Dist. 20



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.


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

30