SCOTUS Declines to Hear LGBTQ Student Rights Bathroom Case (June 28, 2021)

On June 28, 2021, the U.S. Supreme Court (SCOTUS) announced that it would not hear Grimm v. Gloucester County School Board, a case that had the potential to decide whether schools are violating LGBTQ students’ rights when they prohibit them from using facilities (e.g., locker rooms and bathrooms) that align with their gender identity.

Although a decision on the 2015 case would have settled a debate over whether Title IX includes protections for LGBTQ students against sex discrimination, declining to hear oral arguments means the lower court’s decision in favor of Grimm still stands, leaving Grimm’s attorney and supporters to claim the Court’s decision as a victory for Grimm and other transgender students.

For more on the case from K12Dive, click here.

Gov. Wolf Supports Budget with Largest Education Funding Increase in State History (June 28, 2021)

On Monday, June 28, 2021, Governor Tom Wolf announced his support for the state budget that invests in the future of our children with the largest public school funding increase in state history. This budget also takes major steps to stabilize child care to help working parents as they return to the workforce.

According to the governor,  it is new funding specifically and equitably targeted at the most underfunded districts that disproportionately serve students of color, students in poverty, students with disabilities and English learners. 

The governor will sign the budget next week.

To obtain more detail on the budget, read the PA Newsroom press release by clicking here.

SCOTUS Decision Re Mahanoy Area v. B.L.: B.L.’s Discipline is Overturned, But who “Won” the Case? (June 26, 2021)

On Wednesday, June 25, 2021, the US Supreme Court (SCOTUS) ruled on the Mahanoy Area School District appeal in the free speech case of  Mahanoy Area v. B.L.. While the decision was obviously a loss for Mahanoy with respect to the discipline of B.L., it is also seen by some as an overall a victory for public schools (and Mahanoy generally), in that they were able to get the “Tinker doesn’t apply at all to off-campus speech” rule from the Third Circuit overturned. The Court also reaffirmed a school’s authority to discipline for off-campus bullying and harassment, at least when it is serious.  So, from the school’s standpoint, the decision was not a total loss and may have actually been a “win.”.

To read a more in-depth analysis of the decision, click here.

PAPSA had submitted an Amicus Curaie Brief in support of the school district in this case, which can be viewed by clicking here.

SB 664 Goes to the Governor (June 25, 2021)

On June 23, 2021, after the House amended SB 664 to specify that the PA Department of Education (PDE) produce a standard form for school districts to make available to parents to seek the extra year for their children, the Senate voted 50-0 to approve the amended bill. The bill was then signed by the Senate and House the next day and now goes to the governor.

The bill would allow parents to give their children an additional year of school to make up for the 2020-21 school year being disrupted by closings and operating changes as a result of the COVID-19 pandemic. To view the bill, click here.

PDE Sends PDE-4011 Advisement to All LEAs (June 25, 2021)

On June 25, 2021, BSE Director Carole L. Clancy, Director  sent a PennLink email titled Approved Private School Preliminary Deductions. That memo stated that in accordance with Section 24 PS 13-1376 of the School Code, it was sent to notify each school district of residence or charter school of a child enrolled in an Approved Private School (APS) of its preliminary payment amount for the 2020-2021 Fiscal Year. As of May 10, 2021, student data has been entered by the local educational agencies (LEAs) and approved by the Pennsylvania Department of Education (PDE) electronically through the Approved Private School Electronic Management (APSEM) system.

 If any student information listed is incorrect, it is the LEA’s responsibility to follow up with the APS and make corrections in APSEM. The LEA is responsible for submitting the 4011s to PDE in a timely manner. Please log into the APSEM system and run the 4010 Enrollment Deduction Report for school year 2019-2020. These amounts are preliminary and are subject to change before the June 1, 2021 deductions.

If an LEA should have any questions pertaining to the PDE-4011, accounting, and/or deductions, they are advised to contact Jessica Burkey at [email protected] or 717 783-6906.