Supreme Court LGBTQ+ Decision will Impact Education (June 22, 2020)

On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that federal law prohibits employment discrimination against lesbian, gay, bisexual, and transgender (LGBT) people, a ruling that will have a direct impact on education. The majority opinion held that an employer who fires an individual merely for being gay or transgender violates title VII of the Civil Right Act of 1964, which prohibits discrimination in the workplace on the basis of race, color, religion, sex, or national origin and now avers that sexual orientation or gender identity are concepts so closely related to ā€œsexā€ā€”meaning genderā€”that a prohibition of sex discrimination includes them.

This ruling will likely have other impacts on education down the road. LGBT issues beyond employment discrimination have been contentious in schools for years. While the decision today is limited to employment discrimination on the basis of sex, it opens the door to other areas, such as  participation in school sports and bathroom use.  

To read more, click here.

PDE’s BSE Posts Guidance on Evals and Re-evals (June 12, 2020)

In response to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S.Ā  Department of Education (USDE) reviewed the Individuals with Disabilities Education Act (IDEA) to determine any waivers to recommend to Congress to provide flexibility to local education agencies (LEAs) during the COVID-19 pandemic. USDE did not recommend waivers for evaluation and reevaluation timelines nor did Congress advance any legislation to relieve LEAs from evaluation and reevaluation timelines. As a result, Title 22, Chapter 14 of the Pennsylvania Code and 22 Pa. Code Chapter 14 (Chapter 14) continue to govern evaluation and reevaluation requirements for students with disabilities during the COVID-19 pandemic.Ā 

Pursuant to 22 Pa. Code Ā§Ā§ 14.123 and 14.124, evaluations and reevaluations must be completed and the evaluation report presented to parents or guardians no later than 60 calendar days after receiving written parental consent for the evaluation. Summer calendar days do not count.

This guidance does not reflect any revised federal or state law, regulations, or policy.Ā  Because the COVID-19 pandemic is a rapidly evolving situation, this guidance provides LEAs with additional considerations regarding evaluations and reevaluations.Ā  This guidance, which is in a FAQ format, is not intended to provide legal advice, and LEAs should consult with their solicitor.Ā  Ā 

To read the guidance in its entirety, please click here.

Letter Sent to Congress Asking for IDEA MOE Relief in Next COVID-19 Package (June 3, 2020)

National education organizations sent a letter dated May 27, 2020 to Congressional leaders requesting that the next COVID-19 relief package provide IDEA MOE relief.

“Our organizations have championed the full funding of the Individuals with Disabilities Education Act (IDEA) for decades and we believe it is critical that the next relief package provides more resources to districts to ensure they are meeting their obligations under IDEA for each student with a disability that we educate as we transform the delivery of education in the upcoming school year,” the letter states. The letter goes on to request key flexibility around a provision in IDEA that is intended to ensure that school districts maintain constant spending levels on special education, despite other budgetary pressures they experience.

To read the full letter, click here.

CDC Releases Back-to-School Guidance (June 2, 2020)

The Centers for Disease Control and Prevention has released voluntary guidance for reopening schools after extended closures due to the COVID-19 crisis. Recommendations include the following:

  • Face coverings should be worn by staff in all steps of reopening, and students, particularly older students, should be encouraged to wear fabric face masks. Masks should be worn “where feasible,” particularly in situations where physical distancing is difficult.
  • Schools should increase ventilation with outside air, unless it creates concerns for students with asthma.
  • Schools should ensure water fountains are safe to use after prolonged shutdowns.
  • Students should be kept in small class cohorts throughout the day to limit possible transmission of the virus between groups.
  • Schools should turn all student desks to face the same direction and space them six feet apart if possible.
  • Common areas, such as cafeterias, should be closed, and students should eat in their classrooms.
  • Schools should provide enough “high touch” objects, like art supplies and electronics, so that students don’t have to share and items can be disinfected between uses.
  • Schools should conduct daily health checks of staff and students, and isolate individuals if they feel unwell during the school day.
  • Administrators should provide options for telework and virtual learning for students and staff who are at higher risk for severe illness.
  • Administrators should close schools for one or two days to clean and sanitize when a student or staff member tests positive for COVID-19.

 For more information from Ed Week click here.

CDC Releases Document that Includes Return to School Guidance (May 21, 2020)

The Centers for Disease Control and Prevention (CDC) has released a document titled CDC Activities and Initiatives Supporting the COVID-19 Response and the Presidentā€™s Plan for Opening America Up Again. Appendix F of the document (from pages 40-52) is of particular interest to schools and childcare providers.

To access the document on the PAPSA website, click here or go to: https://papsa-web.org/wp-content/uploads/CDC-Return-to-School-Guidance-May-2020.pdf.