The U.S. Supreme Court, in a 5-4 split, ruled that a nurse who sued her employer for unpaid wages could not seek to press her case on behalf of similarly treated but yet-to-be-identified workers once the care facility where she worked offered to settle her claim.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that a Pennsylvania elementary school student is entitled to a preliminary injunction barring a school district from enforcing its materials distribution policy that prohibits the student from distributing to classmates flyers produced by a local church promoting a Christmas party.
Continue reading...The Pittsburgh Post-Gazette reports that a three-judge panel of the Third Circuit U.S. Court of Appeals has heard arguments in a suit stemming from a Pennsylvania school district barring a student from passing out invitations to a birthday party that took place at her church.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that portions of a family’s claim for compensatory education under the IDEA and Section 504 were time barred by IDEA’s two-year statute of limitations. In examining the scope of the limitations period, an issue of first impression for any federal appellate court, the panel concluded that neither of the IDEA’s two statutory exceptions to the limitations period, nor the common law equitable tolling doctrines, was applicable to the parents’ claim.
Continue reading...According to the Associated Press reported in The Washington Post, the full U.S. Court of Appeals for the Third Circuit will weigh an eastern Pennsylvania school district’s efforts to ban breast-cancer fundraising bracelets that say “I ♥ boobies!”
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit has affirmed a Pennsylvania federal district court’s decision that a school district did not deny a student a free appropriate public education in violation the Individuals with Disabilities Education Act, as it identified the student as a child in need of special education services within a reasonable time, and developed appropriate IEPs despite the absence of a specific statement setting forth the specialized instruction to be afforded the student.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit affirmed the district court’s decision granting summary judgment in favor of the school district, holding that it did not violate the least restrictive environment requirement of the Individuals with Disabilities Education Act when it developed an individualized education plan that placed a disabled student in a class with other students with the same disability, and did not provide for interaction with non-disabled peers.
Continue reading...MainLineMediaNews.com reports that the United States Supreme Court has declined to hear the appeal in the Lower Merion School District redistricting case.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, VI) has ruled that a Pennsylvania parent, who unilaterally placed a special education student in a private school, was not entitled to tuition reimbursement under the Individuals with Disabilities Education Act (IDEA) on the basis that the school district failed to update the student’s individualized education plan (IEP) after the student was privately placed.
Continue reading...The Morning Call reports that Attorney John E. Freund, representing Easton Area School District (EASD), told a three-judge panel of the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, VI) during oral argument that school officials and not a federal judge are in the best position to decide whether slogans like “I ♥ Boobies!” should be banned in the classroom.
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