1. Donald J. Palmer, Esquire Kate M. Diersen, Esquire

2. HOT ISSUES IN SCHOOL LAW
TRANSGENDER STUDENTS
MEDICAL MARIJUANA
CHANGES IN TRUANCY LAWS
RIGHT TO KNOW LAW
CASES TO WATCH

3. Transgender students

4. Legal Standards
Title IX
Equal Protection
Privacy

5. May 13, 2016 guidance from the departments of education and justice
Title IX should be interpreted to protect transgender students
Under title IX sex is determined by a student’s gender identity, rather than by gender at birth

6. August 2016 Texas Preliminary Injunction
A Texas Federal District Court judge issues an injunction prohibiting the Federal Court from enforcing the May 13 guidance
Judge has stated the ban applies nationally
On appeal in Fifth Circuit Court of Appeal

7. US Supreme Court Case
G.G. is a transgendered boy suing his district for the right to use the bathroom of his choice.
Two questions:
Should an unpublished agency guidance letter be given deference?
Is the U.S. Department of Education’s interpretation of Title IX correct?

8. Pennsylvania Case
Transgender students sue Pine- Richland School District for policy requiring students use facilities that correspond to their biological sex or to use unisex facilities
Title IX and Equal Protection Clause of US Constitution

9. More than bathrooms Names and Pronouns Student Records
Extra-curricular
Caps and Gowns

10. Medical Marijuana

11. Coming Soon
PA Medical Marijuana Program (Act 16) signed into law April 17, 2016
Full implementation expected to take between 18 and 24 months
Will provide access to medical marijuana for patients with serious medical conditions

12. In The Meantime: Guidance Issued from the Pennsylvania Departments of Health and Education
A parent, legal guardian or caregiver may administer medical marijuana to their child/student on school premises provided that the parent, legal guardian or caregiver:
Provides the school principal with a copy of the Safe Harbor Letter; and
Notifies the school principal, in advance…

13. Concerns with Guidance
Fails to address requirement that school districts must comply with federal laws to ensure federal funding.
Federal law makes possession of marijuana a criminal offense
Every Student Succeeds Act includes drug-free school provisions

14. Recommended Action
Allow parents or guardians to take students from school premises to administer medical marijuana

15. Changes in Truancy Laws

16. Act 138 Signed into law on November 3, 2016
Effective for the School year
Proactive approach to truancy
Greater flexibility in imposition of interventions and penalties for truancy

17. School Attendance Improvement Conference and Improvement Plan
School must provide written notice to parent within 10 school days of child’s 3rd unexcused absence
If child incurs unexcused absence following such notice, school must provide written notice to parent of school attendance conference
School attendance conference must take place even if parent declines to participate
Outcome of conference must be documented in written school attendance improvement plan
No further legal action may be taken by school until after date of school attendance improvement conference
School shall not impose an expulsion, out of school suspension or disciplinary reassignment for truant behavior

18. Habitually Truant Child (6 or more unexcused absences)
If child under 15 years old, school shall refer child to either school-based or community-based attendance improvement program or to CYF, and may file citation
If child is 15 years old or older, school must refer to a school-based or community-based attendance improvement program or file citation

19. Changes Penalties for Truancy
Provides courts with discretion to suspend sentences for truancy convictions and waive fines if there is attendance/compliance
Permits local courts to adopt policies to provide supervision for a child convicted of truancy
Modifies penalties related to the suspension of driving privileges

20. Right to Know Law

21. Pennsylvania State Education Association, et al. v
Pennsylvania State Education Association, et al. v. Commonwealth of Pennsylvania Department of Community and Economic Development, et al., 11MAP2015 (Oct. 18, 2016)
Individuals have a constitutional right to privacy in their home address
Overrules Commonwealth Court decision which held home addresses were not protected and could be disclosed

22. Cases to Watch

23. Valley Forge Towers et al. v
Valley Forge Towers et al. v. Upper Merion SD and Keystone Realty Advisers
Owners of apartment buildings challenging District’s decision to appeal only high value commercial properties
Question of how districts choose which assessments to appeal

24. Cornwall-Lebanon School District v. Cornwall-Lebanon School District
Pending before Pennsylvania Commonwealth Court
Challenge to arbitration award reinstating a teacher terminated for sexual misconduct
Reinstatement violates public policy

25. Endrew F. v. Douglas County School District RE-1
Pending before US Supreme Court
Question: what is the level of educational benefit required to ensure FAPE is met?
Asking the Court to set the standard that is in PA – meaningful progress

26. 437 Grant Street 14th Floor Pittsburgh, PA 15219 Donald J
437 Grant Street 14th Floor Pittsburgh, PA Donald J. Palmer, Esquire Kate M. Diersen