Pennsylvania Education Law Lawyer & Attorney : Fox Rothschild Law Firm : Education Statutory and Regulatory Changes

A recent case  from the U.S. Court of Appeals for the Fifth Circuit gives a good lesson on how to document sexual harassment investigations. The lesson is also instructive on how a report can be used as evidence in all sorts of investigations in an education setting.

The case facts are not remarkable (the boorish behavior is seen repeatedly in sexual harassment cases). One employee uttered a number of improper comments, sometimes emphasized by physical gestures. Such actions ultimately lead to his termination. But before then, the employer investigated and interviewed a number of employees, all of whom confirmed the conduct in question, which lead employer to decide to fire employee. An appeal followed, a second investigation ensued and confirmed the first investigation and termination decision. Employee appealed to court.

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Is a person whose academic achievement exceeds national average justly entitled to accommodations as “learning disabled?”   What if the person not only exceeds average on performance measures, but also exceeds average through actual attainment, such as a Bachelor’s Degree, perhaps a graduate degree, or even entrance into medical school? Does such a top-flier really need accommodations? Or is it really a matter of taking advantage of benefits entitled for the genuinely disabled? 

“The law compels accommodations for someone who is ‘disabled’ as that term is used in the Acts, but not for everyone who may have a condition described as a ‘learning disability.’” Wong v. Regents of the University of California, C.A. No. 01-17432, 6452, n.6, 379 F.3d 1097, 1109 n.6 (9^th Cir. 2004).  The question of entitlement to accommodations first asks if the person is impaired and asks second if the impairment substantially limits the person. The Wong decision and other cases looked at the second question. Changes in the law on how public schools identify learning disabilities, may require colleges and testing organizations to look more closely at the first question, too.

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Guest blogger, Kyle Berman, writes about Pennsylvania’s version of Megan’s Law and implementation of notice and information dissemination procedures for a school district. Kyle is a member of the Education Law Group with a practice emphasis in Labor and day-to-day school operations.  Click here to find out more about Kyle’s background and contact information.

What is a school district to do when it receives a notice concerning a “sexually violent predator” as classified by the courts? There are several duties imposed on a school district following a Megan's Law notification - but you would not know it by examining only the statute itself. The law is not contained at one publicly accessible site, but the Pennsylvania State Police’s website provides some information.

Pennsylvania’s version of Megan’s Law specifies various community notifications, the District being only one of many persons and organizations to be notified of the predator’s

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