Category: Government Actions

SCOTUS Rules in Favor of Student in Free Speech Case (June 23, 2021)

On Wednesday, June 23, 2021, in an 8-1 vote, the U.S. Supreme Court (Court) declared that, although school administrators have the power to punish student speech that occurs online or off campus if it is disruptive to the school setting,  in the case of Mahanoy Area School District v. B.L. curse words posted from off campus did not adequately rise to the definition of disruptive. Thus, the foul language featuring “F-bombs” on Snapchat by a disgruntled cheerleader was deemed to be protected speech under the First Amendment.

Justice Stephen Breyer, writing for the Court’s majority, stated that,  “While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.’s interest in free expression in this case.”

Justice Clarence Thomas dissented, suggesting that the rule of thumb has been that schools can regulate off-campus speech if it could be determined to be harmful to the school, including students and staff. In this particular case, Justice Thomas stated that he felt such standard was met.  He stated that, “The court’s foundation is untethered from anything stable, and courts (and schools) will almost certainly be at a loss as to what exactly the court’s opinion today means,” Thomas wrote.

Thus, what was viewed as a potential landmark case with regard to off-campus speech was instead a very narrow ruling, leaving the door open for debate as to when schools can regulate off-campus speech as well as when they cannot do so. It has been left to future cases to produce such guidance.

In the words of Justice Breyer, “The school’s regulatory interests remain significant in some off-campus circumstances,” Breyer wrote. “Thus, we do not now set forth a broad, highly general First Amendment rule stating just what counts as “off campus” speech and whether or how ordinary First Amendment standards must give way off campus.”

To view the Court’s decision, click here.

PA First Lady, Physician General, Teen Advocates Emphasize Vaccine Safety for Teens and Young Adults (June 20, 2021)

On June 17, 2021, First Lady Frances Wolf and Acting Physician General Dr. Denise Johnson moderated a panel discussion on vaccine safety for teens and young adults. The panel, hosted by the Governor’s Advisory Commission on African American Affairs, was entitled Vax Facts: Teen Edition. This was the fifth event in a series that seeks to provide relevant and accurate information about COVID-19 vaccines and address the questions of concerned citizens.

First Lady Wolf and Dr. Johnson were joined by teen and young adult advocates who are stepping up to encourage other young Pennsylvanians to get informed and get vaccinated: Ramir Burks, Clarion University (Pittsburgh), Mitchell Howard, Recent graduate of South Fayette HS (McDonald); Kendell Dixon, Abington Friends School (Philadelphia); Angely Keosann, Philly Teen VAXX Ambassador (Philadelphia); and Nina Dilworth, Philly Teen VAXX Ambassador (Philadelphia).

Teens and young adult leaders across the commonwealth have stepped up as leaders to communicate with their peers about the importance of COVID-19 vaccines, to educate their communities on vaccine safety and to help young Pennsylvanians get vaccinated.

“COVID-19 vaccines are safe and effective, and they’re our best protection from the virus,” Acting Physician General Dr. Denise Johnson said. “Currently, everyone 12 and older is eligible to get the COVID-19 vaccine. It’s important that everyone who is eligible gets vaccinated not only to protect themselves, but to protect those who cannot get vaccinated yet, such as children under the age of 12.  We must continue to wear our masks and take precautions to keep each other safe—we have the power to end this pandemic.”

COVID-19 vaccines are free, safe, reliable and accessible, and youth as young as age 12 are eligible to be vaccinated. People are advised to visit vaccines.gov (vacunas.gov en español) to find a vaccine provider.

BSE Director Clancy: LEAs to Submit Table 8A Report to IUs by July 9th (June 19, 2021)

On June 16, 2021, BSE Director Clancy issued a PennLink communique titled July 2021 Special Education Table 8A Submission. The memo states that in July 2021 local educational agencies (LEAs) assigned to this year’s reporting cohort will submit their data for Special Education Table 8A, Report of Children with Disabilities Evaluated July 1, 2020 through June 30, 2021. Below is a list of all LEAs required to submit Table 8A this July. If an LEA does not appear on this list, the LEA is not required to submit Table 8A data in July 2021.

Table 8A data is collected on a cyclical basis. Those LEAs that are to submit Table 8A to the Bureau of Special Education (BSE) will be informed of such in June this year. Regardless of their reporting status, all LEAs in the state must continue to collect and maintain data regarding timely evaluations so that the LEA can assess its on-going compliance and program effectiveness and be prepared to report data to the state when notified to do so.

Table 8A is used for two purposes: (1) To calculate and report to the federal Office of Special Education Programs (OSEP) an annual state rate of compliance with timelines for completing initial evaluations of students to determine their eligibility for special education under the State Performance Plan; and (2) To report to the public on the performance of LEAs in the commonwealth in complying with the required timelines.

Data collected over the past several years on compliance with timelines for initial evaluations show that while many LEAs have achieved full compliance, others have not. When LEAs do not comply and improve performance, the overall state rate reported to OSEP is negatively affected. Further, any LEA that reports less than 100 percent compliance with timelines will be required to engage in quarterly reporting to the BSE to document correction of noncompliance. Therefore, it is imperative that all LEAs be as accurate as possible in collecting and reporting Table 8A data.

 OSEP has advised that states should factor out from their Table 8A calculation those students whose evaluation timelines are affected by two exceptions in the federal Individuals with Disabilities Education Act regulations. Specifically, Section 300.301(d) allows that the 60-day timeline for completing initial evaluations does not apply to a public agency if (1) the parent of a child repeatedly fails or refuses to produce the child for the evaluation, or (2) a child enrolls in a school of another agency after the timeline has begun and prior to a determination by the prior agency as to whether the child is a child with a disability. This second exception applies only if the subsequent public agency is making sufficient progress to ensure prompt completion of the evaluation and the parent and subsequent agency agree to a specific time when the evaluation will be completed. To ensure accurate reporting, it is critical that when a delay in meeting timelines occurs, LEAs must correctly code the reasons for the delay in accordance with the exceptions above.

Please note:  A code has been added to identify completed evaluations that were impacted due to mandatory school closure as a result of COVID-19. 

The Table 8A Template for the July 2020 submission is available on the Special Education Data Reporting website at http://penndata.hbg.psu.edu under the Data Management tab in the 2020-2021 section; scroll down to Table 8A Template.

LEAs are to submit their Table 8A to their Intermediate Unit Data Manager no later than July 9, 2021.

Questions regarding completion and submission of Table 8A should be referred to the Intermediate Unit Data Manager. Questions regarding this Penn*Link may be referred to Jodi Rissinger in the BSE at [email protected].

USDE Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity (June 17, 2021)

On Wednesday, June 16, 2021, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) issued a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.

USDE’s interpretation stems from the landmark U.S. Supreme Court decision in Bostock v. Clayton County, issued one year ago this week, in which the Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections. I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”

As OCR recently reported, LGBTQ+ students often face additional challenges in schools, including disproportionately experiencing persistent bullying, harassment, and victimization. The vulnerability of LGBTQ+ students has only increased during the COVID-19 pandemic, leaving them without access to school-based mental health services and other supports. One survey found that 78 percent of transgender and nonbinary youth reported that their mental health was “poor” either most of the time or always during COVID-19, compared with 61 percent of cisgender youth.

The Notice of Interpretation continues OCR’s sustained effort to promote safe and inclusive schools for all students, including LGBTQ+ students. This action is part of the Biden-Harris Administration’s commitment to advance the rights of the LGBTQ+ community, set out in President Biden’s Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity and the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

The Department of Education’s Notice of Interpretation is available here. 

More information and resources for LGBTQ+ students are available here.