The Education Clause of our Commonwealth’s Constitution imposes a requirement which, given current economic climate consisting of inflation and increase in wages, any school official would call onerous. Under the Education Clause, the Commonwealth must “provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of…
In November 2019, Governor Wolf signed into legislation the ninth exception to governmental immunity, titled the Sexual Abuse exception, which imposes liability on local agencies for the following sexual crimes against victims under age 18: trafficking individuals, sexual involuntary servitude, rape, statutory sexual assaults, involuntary deviate sexual assault, institutional sexual assault, aggravated indecent assault, and…
In a time when schools are asking more and more of their students, families – and now courts – are beginning to ask more of schools. Before delving into specifics, it is necessary to provide brief background on the Individuals with Disabilities Act. Under the Individuals with Disabilities Act (IDEA), states receive federal funds to…