Tuesday, May 12, 2020

PA Ed Policy Roundup for May 12, 2020: Task force created to plan for the safe reopening of Pennsylvania’s schools


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PA Ed Policy Roundup for May 12, 2020


Pa. schools could face devastating budget cuts due to COVID | Opinion
Donna Cooper, For The Inquirer Updated: May 12, 2020 - 5:00 AM
Donna Cooper is executive director of Public Citizens for Children and Youth.
At the end of the Great Recession Pennsylvania’s public schools suffered a crushing $1 billion cut that set back the quality of education in the state’s poorest school districts for nearly a decade. Now, the risk of reopening schools with severe teacher shortages, no counselors or nurses, swollen class sizes and none of the critical enrichment options are once again very real. Schools across the state are bracing for cuts easily twice as large as those in 2011. This time around lawmakers must do better. The damage visited upon Pennsylvania school districts by that massive state cut has become difficult to ignore during the pandemic. Wealthier school districts – not dependent on state funds so not affected by the state cut – rapidly shifted to distance learning, coupled with virtual instruction. Meanwhile, in poorer communities the cost of giving students computers and wireless access is out of reach. Now, Pennsylvania lawmakers are readying for the battle over a solution to the COVID-induced state deficit, expected to be well over $3 billion. Add to that, school districts are projecting a $1 billion drop in resources due to waning local tax collections, according to the Pennsylvania School Business Officers. They estimate that across the 61 school districts in the Philadelphia region, local revenues for schools could drop by nearly $400 million. Schools that educate the largest share of low-income students in the state were inadequately funded well before the pandemic. The cost to keep students and staff safe will require additional funding, putting an even heavier burden on districts that can ill-afford to carry them.

POSTED ON MAY 11, 2020 IN PSBA NEWS
Eight PA education associations, including PSBA, have formed a new task force aimed at getting Pennsylvania’s students back into their schools and classrooms as safely as possible. The other key education associations represented on the task force include the Pennsylvania State Education Association (PSEA), the Pennsylvania Association of School Administrators (PASA), the Pennsylvania Association of School Business Officials (PASBO), the Pennsylvania Association of Intermediate Units (PAIU), PA Principals Association, the Pennsylvania Association of Career and Technical Administrators (PACTA), and the Pennsylvania Association of Rural and Small Schools (PARSS). The task force will review all issues related to the safe return of Pennsylvania’s students and draft plans for school districts’ use. The joint effort will include working groups categorized by key operational areas that include facility/logistics, staffing, instruction, transportation, special education, extracurricular activities, health and safety, communication, resources and community. Issues for consideration will include the potential staggering of school schedules to reduce the size of classrooms and open space gatherings, enhanced cleaning procedures and equipment for buildings and buses, implementation of additional policies related to PPE and masks, air quality measurements and enhanced filtration, meal preparation and serving procedures, after-school activity precautions to mitigate the potential spread of germs, redesigning of facilities to enhance social distancing, and procedures for student assemblies.

“Anyone who assumes that schools have been idle during the pandemic either is not paying attention or does not have the opportunity to see behind the scenes. I will assume the latter is true of Turzai. Consequently, it is good that Turzai posed some questions, and I am happy to provide answers to them from my perspective at York Suburban:”
Pa. teachers are still teaching, and our students are still learning | Opinion
By Timothy P. Williams  Capital-Star Op-Ed Contributor May 12, 2020
Timothy P. Williams is the superintendent of the York Suburban School District in York County, Pa.
Our educators are freeloading, if you believe the sentiments of public school detractors, even of some legislators. In a recent letter to state Education Secretary Pedro Rivera, state House Speaker Mike Turzai, R-Allegheny, questioned what teachers are doing during the pandemic and reminded Rivera that “Teachers, administrators and staff are all being paid. All medical benefits are covered.” Turzai is right, of course, about one thing; educators continue to be paid as is required by Act 13 of 2020, which passed in both chambers without a single dissenting vote. What he may not know is that teachers continue to work. We all expect to be paid for the fruits of our labors, and when that option is removed from us we all would expect to receive unemployment compensation. So let us dispense with the divisiveness that some would like to foster between those who are working and those who have the misfortune of not working. Instead, let us focus on the issue before us — public education.

School District Mandates: Their Impact on Public Education
PSBA Special Report UPDATED MAY 2020
In December 2019, the Pennsylvania School Boards Association (PSBA) convened a task force of its members to discuss and formulate recommendations regarding the multitude of mandates placed on public schools and how those mandates impact school operations and instruction. After a series of meetings and discussions, the task force developed a series of recommendations which would provide school districts with relief from mandates and promote greater awareness among the General Assembly and other policymakers of the impact mandates have on public
schools. The following task force recommendations were approved by the PSBA Governing Board on April 20, 2020:

Will your property taxes increase? Pa. schools face potential $1 billion in lost revenue because of coronavirus
Pennsylvania's school districts are preparing their budgets as they face a significant loss in revenue -- up to $1 billion by some estimates -- due to the coronavirus.
Penn Live By Steve Marroni | smarroni@pennlive.com and Jan Murphy | jmurphy@pennlive.com Updated 6:30 AM; Today 5:15 AM
It’s budget time for Pennsylvania’s school districts, and while the difference between revenue and expenses is always tight when it comes to education, this year is particularly worrisome. The state’s schools are looking at a loss in local revenue of roughly $1 billion in the next school year because of the coronavirus. That’s what the Pennsylvania Association of School Board Officials is estimating. If the economy recovers quickly after the coronavirus restrictions are lifted, schools still face an estimated revenue loss of more than $850 million for the 2020-2021 school year, according to the PASBO study. But if an economic recovery lags, the picture is bleaker to the tune of a $1.04 billion loss out of the $18 billion school districts collect annually. “Every school district tax source and other non-tax revenue will suffer a precipitous decline for the upcoming school year,” to Timothy J. Shrom, PASBO director of research, said in the PASBO report. That study breaks down the projected local revenue loss for each Pennsylvania school district here. With most school districts in the Capital Region facing potential multi-million-dollar losses, many are scrambling to balance their budgets.

Pa.’s top education official says he expects students to return to in-person learning in the fall
Inquirer by Maddie Hanna, Updated: May 11, 2020- 3:10 PM
Pennsylvania leaders are preparing for schools to reopen this fall, the state’s education secretary said Monday. “We fully expect to come back to school in the fall,” Pedro Rivera said during a virtual Senate Education Committee hearing. He said the Education Department would provide more information in the coming weeks on how it will prepare teachers and staff to return to school buildings that have been closed since March due to the coronavirus outbreak. While Rivera said previously it was possible students would not return to in-person learning, he downplayed those comments Monday. The department’s intention is to reopen schools while keeping students and staff safe, he said. “At worst, school’s going to look different,” he said. Rivera’s comments came as some senators voiced concerns about the department’s plans for reopening. Sen. Wayne Langerholc Jr. of Bedford County, the Republican chair of the education committee, said the secretary’s previous comments about the prospect of students not returning to school in the fall had spurred “panic” and “confusion” among residents.

Pa. schools expected to reopen in fall in some form, state education secretary says
ANDREW GOLDSTEIN Pittsburgh Post-Gazette agoldstein@post-gazette.com MAY 11, 2020
State Education Secretary Pedro A. Rivera said Monday that he expects schools to reopen in the fall, but the process will be informed by guidance from health officials. “It is fully our intent that we’re going to be in a place where we are going to open schools for students when they return for their next academic year,” Mr. Rivera said during a state Senate Education Committee hearing. “Now, preparing to do so, we understand that we’re absolutely going to have to focus on what the research says, and we’re going to have to use the data that’s available to drive our decisions moving forward.” Mr. Rivera said the Department of Education is working to devise a “framework” of multiple strategies that will allow schools to ensure the health and safety needs of their students, staff and communities upon reopening. The strategies will likely vary across the commonwealth because all schools have unique needs and communities may be in different stages of reopening. Schools in counties that remain in the red or yellow phase of the state’s reopening plan, for example, may have to adhere to social distancing recommendations. Mr. Rivera said the education department will provide schools with options to make it work.  “If we still have aggressive social distancing guidelines, we’re going to then tell school districts we still have aggressive social distancing guidelines in place, however here are strategies that you can employ to mitigate that close contact in classrooms and in schools,” Mr. Rivera said. “Then they’ll be able to choose from those strategies.” State Sen. Daylin Leach, D-Montgomery/Delaware, asked Mr. Rivera if he was concerned that some schools would resist complying with recommendations from the state, like some businesses and counties have recently done. Mr. Rivera said he was not worried about that because superintendents and other school leaders frequently make choices based on public health and safety, such as closing for snow days.

'It is fully our intent' to reopen schools in the fall, Pa. education secretary says
Lancaster Online by ALEX GELI | Staff Writer May 12, 2020
Pennsylvania's top education official told lawmakers on Monday that it is "fully our intent" to reopen schools in the fall.  State Education Secretary Pedro Rivera made the statement during a Senate Education Committee hearing in which senators, many of them logged on remotely, questioned Rivera about continuity of education and plans to bring students back next school year.  Schools have been closed due to the coronavirus pandemic since mid-March, and students across the state have been learning remotely ever since.  Rivera's remarks clarified comments he shared with reporters in late April that caused a slew of news articles casting doubt about whether schools may reopen for the 2020-21 school year.  "That headline sold a lot of papers that day," Rivera said, adding that the news coverage misrepresented the message he tried to share. While the expectation is for students to return in the fall, Rivera said, schools may need additional support as they transition, and the state is working to issue research-based guidance to help educators and students ease back into in-person schooling.  The guidance, which will follow recommendations from state Secretary of Health Dr. Rachel Levine, will include options for schools to follow, such as smaller class sizes if strict social distancing guidelines are still in effect, Rivera said.  It'll also include support for schools implementing remediation for students who have fallen behind during the school closures, Rivera said.  The ultimate goal, he said, is to keep students, staff and faculty safe. 

Pennsylvania students expected to return to school in fall, ed chief says
Delco Times by AP May 12, 2020
HARRISBURG (AP) — Gov. Tom Wolf's education secretary told lawmakers on Monday that he expects students to go back to school in the fall, and the Department of Education will provide guidance in the coming weeks to prepare teachers and staff to return to school buildings. Schools have been closed since March under Wolf's orders to try to stop the spread of the coronavirus, keeping more than 1.7 million public school children home and exposing big differences in the ability of wealthier and poorer districts to educate children online. Education Secretary Pedro Rivera, testifying in a Senate committee hearing, acknowledged that schools will need additional aid to respond to various challenges posed by school closures and the need to contain the virus. He downplayed the notion that students might not return to school buildings in the fall. The department intends to reopen schools, but keeping students and staff safe might mean changes that involve following state Health Department recommendations, he said. Rivera said he did not expect to require a particular approach for each school to reopen. Rather, the department will allow school districts to choose from various options to meet social distancing guidelines, Rivera said.

Could next school year be hybrid? It’s an option, Bethlehem’s superintendent says.
By Sara K. Satullo | For lehighvalleylive.com Updated May 11, 2020; Posted May 11, 2020
The Bethlehem Area School District is already thinking about what public school will look like if Pennsylvania schools reopen in the fall. The state’s 500 traditional K-12 school districts pivoted to online learning after Gov. Tom Wolf shutdown the state’s schools March 23 amid a growing coronavirus pandemic. Now as this school year winds down, Bethlehem school officials are planning for what the 2020-21 school year may look like. The governor’s plan for reopening of the state only allows schools to resume in-person instruction when they have entered the green phase when the least amount of restrictions on daily life are imposed. That also applies to summer school or extended school year activities as well. The Lehigh Valley remains under the red phase with no date to move to the yellow phase yet. Bethlehem schools Superintendent Joseph Roy shared the scenarios being floated in a video message to the community Monday.

LETTER: Extend school lunch waivers through summer
Yoork Dispatch by Eleni Towns, No Kid Hungry Published 12:30 p.m. ET May 11, 2020 | Updated 12:31 p.m. ET May 11, 2020
Eleni Towns is the associate director of No Kid Hungry.
The coronavirus has caused both a catastrophic health crisis and an economic one, pushing thousands of families into poverty and hunger here in Pennsylvania.  Even in this crisis, we’ve been able to make sure children are still fed. Nationwide child nutrition waivers issued by the USDA gave school districts and community groups across our great state the ability to reach kids by allowing them to package meals for families to pick up, or for meals to be dropped off at a child’s home. Kids were fed. Now these nationwide waivers are set to expire at the end of June, at the height of summer hunger. Without the flexibilities these waivers provide, schools and community organizations will not be able to reach hungry kids with the food they need this summer.  I hope our representatives in Congress will help us feed kids this summer by urging the USDA to extend all nationwide child nutrition waivers through Sept. 30. The road to economic recovery begins with families in Pennsylvania having the food they need for kids to thrive.

Ridley plans drive-through graduation ceremony
Delco Times by Pete Bannan Pbannan@21st-Centurymedia.com May 12, 2020
RIDLEY TOWNSHIP — Confronted with COVID-19 restrictions limiting in-person contact, officials at the Ridley School District have come up with a novel twist on the traditional high school commencement - a drive-through graduation. On Friday Principal Ken Acker sent a letter to seniors outlining the plans for the June 9 event. “We want to first say how proud we are of your resiliency and we understand the frustration you must feel at this time.  No one could have predicted the immense scale of this crisis nor the impact it would have on you as a class,” officials wrote in the letter. Graduation will begin at 5 p.m. with the first part of the ceremony broadcast on Ridley School District’s television channel. The broadcast will consist of prerecorded speeches from classmates and administrators.  As part of that, administrators will officially confer the honor of being a Ridley High School graduate by calling each student’s name.   Following that program, students will be given designated times to come to the high school in their decorated car to join in a parade as they drive through the parking lot. The graduate, wearing cap and gown, will need to be a passenger with another person driving and other family members are allowed in the car but cannot get out. They will parade around the perimeter of the lot and stop at the front of the school where their names will be announced and a member of the high school administration will present each graduate with their diploma. 

Plum School District graduation plans finalized
Trib Live by MICHAEL DIVITTORIO   | Monday, May 11, 2020 7:09 p.m.
Plum School District officials have finalized graduation plans. An in-person commencement has not been announced. However, seniors and their parents are invited to come to the high school May 15 for a “graduation walk,” photos and awarding of the diploma cover. Visits are by appointment only and scheduling must be made by noon Thursday. It’s all part of a virtual graduation planned for May 28. High School Principal Joseph Fishell knows the proceedings will not be how students expected to finish out the school year. “The administration, student advisory group, teachers, and our Parent Student Staff Organization have been meeting weekly this past month, monitoring the covid-19 Pandemic and making plans, revising plans until we have exhausted every avenue to provide you with the most meaningful experience possible,” Fischell said via letter to district families. “We have attempted to leave no stone unturned as we look for the safest and best way to honor this important milestone in your life.”

High school yearbooks go virtual for Western Pa. grads
Trib Live by JOANNE KLIMOVICH HARROP   | Monday, May 11, 2020 1:26 p.m.
For high school graduates of 2020, that chance to write a senior yearbook message has been taken away with the pandemic. But resourceful teenagers have found a way to sign a yearbook virtually. They’re creating yearbooks on Instagram, the social media platform that emphasizes photographs. In most cases, one student creates an Instagram account for the senior class and fellow students post their photos, either the professional senior shot or another favorite photo. They include a few words about their next phase: college, trade school, military or gap year. Maddie Willard, of Penn Hills, a senior at St. Joseph’s High School in Harrison, saw that students at Burrell and Highlands had created Instragram pages and joined in. “I wanted to start it because I know we have been stressed and this is a way to build each other up,” Willard said. “It is uplifting and supportive and a way to celebrate our senior year on social media.

The coronavirus has highlighted the value of Pennsylvania’s public charter schools | Opinion
Penn Live By Ana Meyers Posted May 11, 2020
Ana Meyers is the Executive Director of the Pennsylvania Coalition of Public Charter Schools
The coronavirus pandemic has shown the need for all of us to adapt to changes in many aspects of our lives. Education is one the sectors that has experienced drastic changes. For most schools, the COVID-19 crisis has required a shift from classroom teaching to online instruction. Now is the time for parents, educators and state officials to work together to ensure that our children have the opportunities to learn during this difficult period. I applaud Pennsylvania Education Secretary Pedro Rivera and his staff for their efforts to continue education services. It is clear they are acting in the best interest of Pennsylvania’s children by asking all schools to assist students with learning opportunities during the mandatory closure. Pennsylvania public charter schools, both cyber and brick-and-mortar schools, are doing their part to ensure children receive the instruction they need. Public cyber charter schools sent a letter to the Department of Education, offering guidance and assistance to any brick-and-mortar school, public or private, as it adapted its traditional curriculum to virtual learning for its students. Public cyber charter schools in Pennsylvania have been instructing students online for the last 20 years. They have the experience and tools to teach a large number of students from all backgrounds and economic statuses. Their knowledge is invaluable for a school struggling with online instruction.

“For most of the last decade, the school has consistently ranked as one of the worst-performing schools in the state.”
Guest columnist: Cyber charter school has failed students
Pottstown Mercury Letter By Jeff Sparagana Guest columnist May 7, 2020
Jeff Sparagana, Ed.D, is a board member of Public Citizens for Children and Youth, https://www.pccy.org, an advocacy group for "quality health care, child care, public education and family stability."
In a recent article in The Mercury, "Cyber charters offer help, but have no takers," the Agora CEO wonders why no districts have come to them to launch their online learning programs. The reason is obvious. No school would want to replicate Agora's failures. The school bills itself as a strong alternative to traditional public schools that provides students with “personalized, innovative, intensive academic preparation that inspires and educates them to achieve their high level of academic knowledge and skill.”  For most of the last decade, the school has consistently ranked as one of the worst-performing schools in the state. And in 2015, Agora hit rock bottom as the lowest-performing cyber charter school in the state and ranked 2nd from the bottom of the 475 public school districts in the entire state. During that year, less than a third of its 3rd graders were reading on grade level and its high school graduation rate was less than 47%.
And while it is no longer “the worst-performing school,” Agora’s improvements are hardly worth celebrating. In 2018, 95% of schools were ranked higher than Agora — the Pennsylvania Department of Education put it on a corrective action plan reserved for the poorest of all poorly performing schools. This is a reputation it has earned. Agora’s students score far below their peers in district schools on all measures of student achievement. Just last school year, on the PSSA’s — Pennsylvania’s standardized test for 3rd- 8th graders — only 32% of Agora’s students tested at or above grade level in reading and barely 10% passed math. To make matters worse, Agora’s abysmal graduation rate is less than 50%. For context, the state average is about 85%. Yet, despite its appalling history and performance, it is not only offering to “help” schools with its cyber programs, but it is also recruiting students for next year. Every community institution is struggling, yet continues to serve unconditionally during this crisis. Agora Cyber Charter school’s offer to assist public school districts with online instruction is certainly newsworthy. However, Agora has failed its students for over a decade. The aforementioned data clearly depicts why no public school district would ever accept help from Agora Cyber Charter school.

Over 220 school boards adopt charter reform resolutions
Charter school funding reform continues to be a concern as over 220 school boards across the state have adopted a resolution calling for legislators to enact significant reforms to the Charter School Law to provide funding relief and ensure all schools are held to the same quality and ethics standards. Now more than ever, there is a growing momentum from school officials across the state to call for charter school funding reform. Legislators are hearing loud and clear that school districts need relief from the unfair funding system that results in school districts overpaying millions of dollars to charter schools.
The school boards from the following districts have adopted resolutions calling for charter funding reform. 

Know Your Facts on Funding and Charter Performance. Then Call for Charter Change!
PSBA Charter Change Website:

Philadelphia needs an elected school board | Opinion
Lisa Haver, For The Inquirer Updated: May 11, 2020 - 11:01 AM
Did you get your ballot for the primary election? Be sure to send that in, because it’s important that we vote for the people who will best represent us in Harrisburg and Washington. Our elected officials make crucial decisions about our future every day—how tax dollars are spent, what services may have to be cut, and now whether public schools will thrive or face another round of devastating cuts. The state has taken the unprecedented move of postponing this primary election and encouraging mail-in voting so that social distancing guidelines do not result in disenfranchisement. But making sure that Philadelphians can select the best candidates for the Board of Education, which oversees a $3 billion budget and makes decisions about the conditions in which the city’s children learn—not so much. Unlike voters in every other district in Pennsylvania, those in Philadelphia continue to be disenfranchised when choosing their local school board. Philadelphia’s new hand-picked Board of Education was sworn in recently, immediately after City Council’s one mandated confirmation. The hearing, confirmation vote and swearing-in created nary a disturbance in the force, without coverage from any major newspaper, radio or television outlet, save the independent Public School Notebook.

Philly schools and the online learning experiment
WHYY Air Date: May 11, 2020
Listen to The Why wherever you get your podcasts:  Listen 17:28
How is online learning going in Philadelphia’s public schools? With the typical tools, like standardized tests, off the table this year, Superintendent William Hite says he’s thinking about success differently than usual. But as parents and teachers start to consider what school will look like this fall, there will be more pressure on the school district to come up with new systems to measure it. Guest: WHYY education reporter Avi Wolfman-Arent

AP exams are still on, but the test looks very different
The 45-minute test won't have any multiple-choice questions. Instead, it will ask two free-response questions.
The notebook by Neena Hagen May 11 — 4:31 pm, 2020
Despite nationwide school closures and postponed standardized tests, College Board is moving ahead with Advanced Placement (AP) exams, scheduled for May 11-22. But students who have taken AP tests before will hardly recognize this year’s slate of exams, which have undergone significant modification.  Normally, an AP test consists of both multiple-choice and open-ended sections, lasts anywhere from an hour-and-a-half to four hours, and is administered in a classroom by a school official. This year, students will take AP exams online at home with the aid of their notes. To make up for this unavoidable open-note policy, College Board is nixing the multiple-choice sections of the exam and offering instead two free-response questions, with a 45-minute total time limit. A spokesperson from College Board said that to be fair to all students, some of whom have had more class time than others, the exams will only cover material that most AP teachers have taught by early March. To ensure that all students have access to preparatory materials, College Board has provided free, live review sessions on the Advanced Placement YouTube channel that are taught by AP instructors across the country.

Virtual schooling is not homeschooling
JEREMY REYNOLDS Pittsburgh Post-Gazette jreynolds@post-gazette.com MAY 11, 2020
Skeptics make plenty of assumptions about homeschoolers.
They’re socially stunted and sheltered from the real world. They’re projects for uncredentialed, entitled parents. They’re all religious fundamentalists. While these stereotypes have their share of real-life counterparts, they’re certainly not the norm. There is no “norm.” A dearth of reliable data makes it difficult to speak in exact terms, but literature on the subject generally suggests that homeschooling families are quite diverse in terms of income and race. It also indicates that the homeschool population is increasing, with around 3-4% of school-aged children studying at home, which equates to more than two million kids. Now, COVID-19 has cast millions more public and private school students into home learning environments indefinitely, prompting heightened scrutiny of homeschooling and comparisons to traditional education. Is it a fair comparison?

Columbia borough school board makes changes to proposed budget
Lancaster Online by Kyle Kutz | LNP Correspondent May 12, 2020
When: Columbia borough school board meeting, May 7.
What happened: During a meeting held remotely on Zoom, the board adopted a $27.13 million proposed general fund budget for the 2020-21 school year with no tax increase.
Overview: The school district’s real estate tax rate is set at 26.46 mills. Taxpayers with an average assessed property would pay $2,470 in taxes. Overall, the district projects revenues of $26.09 million in 2020-21, down 1.73% from 2019-20, and predicts $27.13 million in expenses, up 1.94% from the current year.
Changes: Since the budget’s initial proposal, said chief of finance and operations Keith Ramsey, revenue projections for next school year have dropped over $900,000 due to the economic impact of the coronavirus pandemic. The district will face a $1.04 million deficit between revenues and expenses. Surplus funds from the current school year will be used to cover this deficit, Ramsey said.
Expenses: The $515,174 increase in expenses is attributed to a $231,601 increase in salaries, a $166,471 increase in contracted services, and a $143,202 increase in benefits. Among higher salary costs, Ramsey said, are a 3.15% increase in teacher salaries, 3.0% increase in administrative salaries and the addition of a life skills support teacher, at $55,000. The district will reserve $1.2 million for charter school services, up $200,000 from the current year, and $300,000 in tuition for River Rock Academy, up $150,000.
Benefits: The district is set to contribute 34.51% of its payroll, or $3.1 million, toward employee pensions in 2020-21, up 0.22% from the current year. Because of a decline in interest rates and an increase in stock market volatility, contributions could rise so the system can reach its average growth of 6.5%, Ramsey said.

“The case highlights the tension between advocates for religious freedom and church autonomy, and those who argue that employees should be protected by federal anti-discrimination laws and employers who might retaliate against employees for reporting misconduct.”
Supreme Court examines discrimination lawsuits against religious schools
Post Gazette by ARIANE DE VOGUE CNN MAY 11, 2020
WASHINGTON — The Supreme Court struggled Monday with where to draw a line in a dispute concerning when teachers who work in religious schools can file employment discrimination claims. Seven years ago, the Supreme Court recognized a "ministerial exception" for the first time, holding that under the First Amendment the government could not interfere with a church's hiring decisions. The justices held that the teacher in that case could be considered a "minister" under the law, triggering the exception. During more than an hour of arguments over the telephone, the justices addressed the scope of that decision and whether it bars teachers -- who say they have limited religious duties -- from bringing suit. The justices appeared troubled at oral arguments trying to weigh what factors should be considered when determining a teacher's religious involvement at a religious school. In the course of arguments, replete with hypothetical questions that could govern future cases, the justices lobbed considerations concerning a teacher's role, title, and status as a member of the same faith or not, but they struggled with where to draw the line.


Any comments contained herein are my comments, alone, and do not necessarily reflect the opinions of any other person or organization that I may be affiliated with.


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