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Posts tagged "Public School Code"

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

Latsha Davis & Marshall 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 & Marshall continues to protect the interests of our charter and cyber charter school clients in filing an Amicus Brief in this case.

Significant Decision Impacting Charter Schools plus Award Recognition for Latsha Davis & Marshall, P.C.

Latsha Davis & Marshall, P.C. is pleased to announce that on February 16, 2016, the Supreme Court of Pennsylvania issued a significant decision positively impacting charter schools. In West Philadelphia Achievement Charter Elementary School (WPACES) v. School District of Philadelphia (District) and School Reform Commission (SRC), Case No. 31 EM 2014, our firm, on behalf of Amicus Curiae parties, the Pennsylvania Coalition of Public Charter Schools and MaST Community Charter School, submitted a Brief in Support of WPACES. The Pennsylvania Supreme Court held that Section 696(i)(3) of the School Code is unconstitutional as it violates the non-delegation rule of Article II, Section 1. Accordingly, the SRC's and School District's actions taken pursuant to that provision are null and void and the District and SRC are permanently enjoined from taking further action under the authority it confers.

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Latsha Davis & Marshall P.C.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050

Phone: 717-620-2424
Fax: 717-620-2444
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In Maryland call:
Phone: 410-727-2810