Judge Rules Provision of PA Ed. Law is Unconstitutional (January 26, 2024)

A ruling by a federal judge avers that a PA law’s confidentiality provision that makes it a misdemeanor to disclose the existence of a state complaint or any information about it unless and until discipline is imposed is an unconstitutional violation of the First Amendment. The ruling is a result of the plaintiff, a school board member who is also the parent of disabled children, seeking to publicize a misconduct allegation against the school psychologist who has worked with his sons. The parent also criticized the PA Department of Education’s (PDE) dismissal of his case.

The Educator Discipline Act is a state law that controls how PDE addresses misconduct complaints against school staff.

PDE has yet to decide whether it will appeal the ruling.

For more details on the case, visit 10 Philadelphia by clicking here.

Final Title IX Regulations to be Further Delayed (January 22, 2024)

It appears that the March deadline for the much-anticipated U.S Department of Education (USDE) final Title IX regulations banning sex-based discrimination – including sexual assault – in federally funded K-12 schools, will come and go without approval.

The USDE had set a March deadline for the regulations, but hasn’t yet cleared a key procedural hurdle, potentially pushing their release back by months.

According to K-12 Dive, the USDE has yet to transmit the revised regulations to the Office of Management and Budget (OMB) for evaluation. This required step in the process could take up to 120 days for review. That means that May is possibly the earliest for the regulations to be released.

Source: K-12 Dive.

US DOJ Releases Report on its Critical Incident Review of the Response to the Mass Shooting at Robb Elementary School

On January 18, 2024, the U.S. Department of Justice (DOJ) announced the release of a report on its critical incident review of the law enforcement response to the tragic school shooting at Robb Elementary School in Uvalde, TX. Attorney General Merrick B. Garland announced the review shortly after the tragedy on May 24, 2022, in which 19 children and two teachers died. The report provides a thorough description of the critical incident review that has taken place over the past 20 months.

“The law enforcement response at Robb Elementary on May 24th, 2022 — and the response by officials in the hours and days after — was a failure. As a consequence of failed leadership, training, and policies, 33 students and three of their teachers — many of whom had been shot — were trapped in a room with an active shooter for over an hour as law enforcement officials remained outside. We hope to honor the victims and survivors by working together to try to prevent anything like this from happening again, here or anywhere.”

The report examines the multiple failures in the response to the tragedy, including the breakdowns in leadership, decision-making, tactics, policy, and training that contributed to those failures. It describes the responding officers’ most significant failure as not treating the incident throughout as an active shooter situation and using the available and sufficient resources and equipment to push forward immediately and continuously to eliminate the threat. Although several of the first officers on the scene initially acted consistent with generally accepted practices to try to engage the subject, once they retreated after being met with gunfire, the law enforcement responders began treating the incident as a barricaded subject scenario rather than as an active shooter situation. In all, there was a 77-minute gap between when officers first arrived on the scene and when they finally confronted and killed the subject.

To view the DOJ press release, click here.

FACT SHEET: Biden-⁠Harris Administration Announces Improving Student Achievement Agenda in 2024 (January 20, 2024)

On January 17, 2024, the White House announced a Fact Sheet titled Improving Student Achievement Agenda for 2024, which is focused on proven strategies that will accelerate academic performance for every child in school. The Fact Sheet lays out an agenda for academic achievement for every school in the country, using all of its tools—including accountability, reporting, grants, and technical assistance—to intensify its drive for adoption of three evidence-based strategies that improve student learning: (1) increasing student attendance; (2) providing high-dosage tutoring; and (3) increasing summer learning and extended or afterschool learning time. In addition, the Biden administration also published examples of activities from states, districts and education nonprofits that show progress made toward these strategies, as well as  a raft of supports and resources.

In conjunction with the Fact Sheet release, at a livestreamed event involving governors, state education superintendents and White House officials, U.S. Education Secretary Miguel Cardona said we are at “a moment of truth in education in our country” with both “big challenges” and “immense opportunity.”

In addition, the Biden administration also said it would publish examples of activities from states, districts and education nonprofits that show progress made toward these strategies. Likewise, states should target any school districts not showing progress toward reducing achievement gaps with extra supports and resources.

To access the Fact Sheet, click here.

For an article from K12 Dive, click here.

DOJ Releases Report on its Critical Incident Review of the Response to the Mass Shooting at Robb Elementary School in Uvalde, Texas (January 18, 2024)

On January 18, 2024, the U.S. Department of Justice (DOJ) announced the release of a report on its critical incident review of the law enforcement response to the tragic school shooting at Robb Elementary School. Attorney General Merrick B. Garland announced the review shortly after the tragedy on May 24, 2022, in which 19 children and two teachers died at Robb Elementary School in Uvalde, Texas. The 575-page report is the most thorough description of the critical incident review that has taken place over the past 20 months since the May 2022 school shooting that left 19 students and two teachers dead.

According to the report, “The law enforcement response at Robb Elementary on May 24th, 2022 — and the response by officials in the hours and days after — was a failure. As a consequence of failed leadership, training, and policies, 33 students and three of their teachers — many of whom had been shot — were trapped in a room with an active shooter for over an hour as law enforcement officials remained outside. We hope to honor the victims and survivors by working together to try to prevent anything like this from happening again, here or anywhere.”

The report examines the multiple failures in the response to the tragedy, including the breakdowns in leadership, decision-making, tactics, policy, and training that contributed to those failures. It describes the responding officers’ most significant failure as not treating the incident throughout as an active shooter situation and using the available and sufficient resources and equipment to push forward immediately and continuously to eliminate the threat. Although several of the first officers on the scene initially acted consistent with generally accepted practices to try to engage the subject, once they retreated after being met with gunfire, the law enforcement responders began treating the incident as a barricaded subject scenario rather than as an active shooter situation. In all, there was a 77-minute gap between when officers first arrived on the scene and when they finally confronted and killed the subject.

To view the DOJ press release, click here.