Preliminary injunction granted; district was court ordered to immediately enroll 5-year-old child in foster care who had been turned away for failure to meet kindergarten registration deadline.
Archives
Pyramid Health, Inc. v. Quakertown Community School District (2010)
This complaint resulted in corrective action report requiring school district to provide a full day of instruction and an educational program that is “equally effective” as that afforded to non-disabled peers including, access to public school to youth residing in drug rehab residential placement who had previously received only 5 per week of education.
Derrick F. v. Red Lion Area School District (M.D. Pa., 2008)
Preliminary injunction granted to enforce a hearing officer’s decision to include a 10-year-old student who is deaf and blind in regular education.
Pardini v. Allegheny County Intermediate Unit (W.D. Pa., 2007)
Establishing, under IDEA, right of pre-school child with disabilities to smooth transition to school-age services and pendency.
Donovan K. v. PA Department of Public Welfare (Eastern District of PA, 2010)
This case, filed March 2009, settled May 2010, sought early intervention services for very young, medically fragile children with multiple disabilities who are living in nursing facilities.
- Complaint
- DPW bulletin and announcement (requiring that children be referred for evaluation for EI services)
R.S.B. v. Pennsylvania Dept. of Education et.al. (Commonwealth Court, 2012)
In June 2012, after granting expedited review and oral argument en banc, the Commonwealth Court dismissed as moot ELC’s Emergency Petition for Mandamus filed on behalf of families facing potential school closures in fiscally-distressed Chester Upland School District. However, as a result of a separate action filed in federal court and a Motion for Intervention filed on behalf of students of the District by the Public Interest Law Center of Philadelphia (PILCOP), in August U.S. Federal District Judge Micheal Baylson approved a settlement agreement between the Chester Upland School District and the Pennsylvania Department of Education (PDE) requiring the State to repay past debt and fully fund operating expenses for the 2012-13 school year. Key provisions of the settlement agreement also require additional attention to and improvement of the school district’s special education services.
For more information on this settlement go to: http://pilcop.org/chester/
L.R. v. Steelton-Highspire School District (M.D. Pa., 2010)
This case established enforceable rights of students experiencing homelessness to remain in the same school despite duration of homelessness.
A.E. v. Carlynton School District (W.D. Pa., 2009)
This case challenged exclusion of highly mobile students experiencing homelessness to enroll in school when it was difficult to establish a school of origin or where the family was living. The decision resulted in state policy that, among other things, now ensures enrollment that allows homeless families to establish residency in a district where they have a substantial connection.
SDP v. Walter D. Palmer Charter School – Amicus Curiae (PA Supreme Court)
The Education Law Center filed an August 21, 2013 Amicus Curiae in support of the School District of Philadelphia in its case to maintain legally negotiated and agreed-upon charter school enrollment caps. “We find the District’s argument to be clearly correct on the legal merits and because an affirmation of the lower court’s decision would inevitably result in unfettered charter expansion and damage the overall quality of public education in Pennsylvania, particularly for the vulnerable student populations we seek to protect,” ELC wrote.
Velazquez v. East Stroudsburg Area School District (Pa. Comm. Ct., 2008)
This case gave students who were receiving child support payments and living with relative the right to enroll in school under state law.