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Posts tagged "Education Law"

Chester County Bar Association - CLE presented by Shawn Kern, Esq. October 12, 2018

Shawn Kerns, Esq. [email protected] will be moderating a live CLE on Friday, October 12, 2018 at 2:50 p.m. at AeroAggregates, Eddystone, PA entitled "Ethical Issues".  To register on line, go to www.chescobar.org and navigate to CLEs and Meetings.

Attendance at PBIDA 40th Annual Conference

Nicole D. Snyder, Esq. [email protected] of Latsha Davis & McKenna, P.C. will be attending the Pennsylvania Branch - The International Dyslexia Association's (PBIDA) 40th Annual Conference on Reading, Literacy & Learning Disabilities to be held on Saturday October 20, 2018 at St. Joseph's University, Philadelphia, 9:00 a.m. to 1:00 p.m.

K.D. et al. v. Downingtown Area School District, US Court of Appeals for the Third Circuit

Latsha Davis & McKenna, P.C. authored an Amicus Brief on behalf of several charter schools in an important special education case that was recently decided by the United States Court of Appeals for the Third Circuit. The charter schools filed their Brief to support the position of the Downingtown Area School District ("District") with respect to a claim filed against it by a former student and her parents. The Third Circuit has ruled in the District's favor.

Latsha Davis & McKenna, P.C. to Co-Present a Session at Pennsylvania Bar Institute's (PBI) Exceptional Children's Conference entitled: Bullying and Harassment: A Primer under Federal and State law" on Monday, October 8, 2018

Latsha Davis & McKenna, P.C. is pleased to announce that Sarah B. Dragotta, Esq. will be co-presenting a session entitled "Bullying and Harassment: A Primer under Federal and State law" at the Pennsylvania Bar Institute's Exceptional Children's Conference on Monday, October 8, 2018 to be held at the Lancaster Marriott Hotel.

Latsha Davis & McKenna, P.C. to Co-Present at the 2018 iNACOL Symposium October 23, 2018

Latsha Davis & McKenna, P.C. is pleased to announce that on October 23, 2018, Nicole D. Snyder, Esq. and Kevin M. McKenna, Esq. will be co-presenting at the 2018 iNACOL Symposium. Their session is entitled "Empowering Online and Blended Programs to Customize Legally Sound Opportunities for Individuals with Disabilities" from 10:00 AM - 12:15 PM.

Latsha Davis & McKenna, P.C. to Co-Present at the Education Law Association's 64th Annual Conference (ELA) November 9, 2018

Latsha Davis & McKenna, P.C. is pleased to announce that Nicole D. Snyder, Esq. will be co-presenting at the 64th Annual Education Law Conference in Cleveland, Ohio on Friday, November 9, 2018, at the Marriott Downtown at Key Center.

Latsha Davis & McKenna, P.C. to Co-Present at the Education Law Association's 64th Annual Conference (ELA) November 8, 2018

Latsha Davis & McKenna, P.C. is pleased to announce that on November 8, 2018 Kevin M. McKenna, Esq. will be co-presenting at the 64th Annual Education Law Conference. The session is entitled "Educational Policy and Administration" from 11:20 AM - 12:35 PM

Latsha Davis & McKenna, P.C. to Co-Present at the Education Law Association's 64th Annual Conference (ELA) "Social Media, School Violence, and the Active Shooter" November 8, 2018

Latsha Davis & McKenna, PC. will present on the topic of "Social Media, School Violence, and the Active Shooter" on November 8, 2018 at the annual Education Law Association (ELA) Conference in Cleveland, OH. Our associates, Sarah Dragotta, Esq. and James Munnelly, Esq., will discuss the role of social media in school threat assessment, and lessons to be learned in the wake of school violence involving the active shooter. These include misidentification of risk factors and in overemphasis of profiling; the indicators of harmful intentions, including those found on social media; advance planning to mitigate, and even prevent, senseless, unannounced killings; and steps to put in place to protect everyone at our schools, including students, staff and others. CLE credits can be earned for Pennsylvania and other states.

LATSHA DAVIS & MCKENNA, P.C. WINS CHARTER SCHOOL CASE WITH STATEWIDE IMPLICATIONS

Latsha Davis & McKenna, P.C. has won an appeal it filed in Pennsylvania Commonwealth Court on behalf of four cyber charter schools: Agora Cyber Charter School, Commonwealth Charter Academy, Pennsylvania Cyber Charter School, and Pennsylvania Virtual Charter School. The Commonwealth Court held that the Delaware County Court of Common Pleas made a mistake when it approved a Financial Recovery Plan proposed by the Receiver for the Chester Upland School District that forced the cyber charter schools to accept payments for special education students below those required by the Charter School Law. The Commonwealth Court agreed with the arguments on behalf of our clients that the statute governing the Chester Upland School District's financial recovery did not allow the Financial Recovery Plan to unilaterally lower the payments the District is required to make to cyber charter schools for the special education students who live in the District but who decide to attend a cyber charter school. The Commonwealth Court also agreed with us that the Financial Recovery Plan should not have been approved because it did not address the real financial problems facing the District. The Commonwealth Court overturned the decision of the Court of Common Pleas and sent the case back to that court. Barring further appeal, the cyber charter schools will now seek the correct amount for special education students who attend the cyber charter school pursuant to the Charter School Law. This is a significant victory for charter schools and the students they serve! The case is In re: Appointment of a Receiver for the Chester Upland School District, Docket No. 2095 C.D. 2015 (Pa. Cmwlth. 2018).

LATSHA DAVIS & MCKENNA, P.C. FILES AMICUS BRIEF IN ANOTHER SPECIAL EDUCATION CASE PENDING BEFORE THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.

Latsha Davis & McKenna, P.C. recently filed another Amicus Brief on behalf of our charter school and cyber charter school clients in a special education case pending before the U.S. Court of Appeals for the Third Circuit, K.D. v. Downingtown Area School District. An Amicus Brief is a "friend of the court" brief filed in favor of one of the parties to a case. In this case, Amici support the position of the Appellee School District as the Third Circuit reviews the Endrew F. standard and addresses what unique life experiences directly implicate the question of whether a student's Individualized Education Program (IEP) is reasonably calculated to enable the child to make progress appropriate in light of the child's circumstances. Given the new public education landscape which allows for the availability of school choice and a new mobility for children attending public school, it is more important than ever to apply the correct standard regarding the special education services that must be provided by public schools. In Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, __ U.S. __, 137 S. Ct. 988 (2017), the United States Supreme Court announced a flexible standard for ensuring that students who receive special education services also receive a free appropriate public education. This flexible standard is consistent with the Third Circuit's meaningful educational benefit standard. The outcome of this case is of great interest to Amici with significant impact to all charter schools in Pennsylvania and the families and children they serve. Latsha Davis & McKenna continues to protect the interests of our charter and cyber charter school clients in filing an Amicus Brief in this case.

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