School Leaders' Liability

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The School Leaders’ Liability practice group of Marshall Dennehey represents and defends school leaders, school boards and all educational institutions including; public and private schools, school districts, charter schools, cyber charter schools, colleges and universities in claims and suits brought against them.

Our attorneys handle a full complement of administrative, state and federal litigation matters, including, but not limited to:

  • Special Education Due Process (IEP, §504 including placement, tuition, compensatory education, attorneys' fees and Child Find)
  • Student Rights – including free speech, locker searches, etc.
  • Bullying and Anti-Bullying Policies
  • Employee Discrimination/Harassment/Retaliation – discipline, equal opportunity and equal pay (all federal, state laws and local ordinances prohibiting discrimination / harassment based upon protected classes)
  • Employee Grievances/Employer Investigation
  • Board Policies and Procedures
  • Educator Complaints
  • Educator Misconduct
  • Educator Due Process (termination or other discipline based upon performance)
  • Student Discipline
  • All manner of personal injury claims including those subject to the Pennsylvania Political Subdivision Tort Claims Act
  • Sexual misconduct

We also offer comprehensive services for colleges and universities in a variety of litigation areas including, but not limited to:

  • All manner of Personal Injury claims, including those stemming from on-campus violence
  • Environmental disputes
  • Health, Safety and Security matters
  • Tenure disputes
  • Civil Rights issues
  • All manner of Employment Claims
  • Student Education and Privacy Rights
  • Student Discipline
  • Construction Litigation and Premises Liability
  • Intellectual Property and Technology Claims
  • Clery Act Violations
  • Sexual misconduct

A significant strength of our practice group lies in the diversity of our coverage areas throughout Pennsylvania, New Jersey, Delaware, Ohio, New York, Florida and Connecticut. Our attorneys appear regularly before administrative hearing officers, investigative agencies and federal and state court judges where they bring to bear the experience and knowledge of the local jurisdictions where they practice and the communities where our clients conduct the "business of education."

Our practice group appreciates the necessity of working together with our clients in a practical, result-oriented approach to achieve the most pragmatic, cost-efficient results that are satisfactory to our various school boards. We welcome the opportunity to handle your school leaders' matters. We gladly provide our clients with general education and employment matter consultations, training, seminars and presentations at mutually convenient locations for your staff.

O'donnell_Ronda
Ronda K. O'Donnell, Chair
Durivage_Lee
Lee C. Durivage, Co-chair

Insurance Company Not Required to Defend and Indemnify School Bus Transportation Company or School District in Case of Student-on-Student Physical/Sexual Assault Aboard School Bus.

Westchester
Trucking & Transportation Liability
School Leaders' Liability
In a case that could have a significant impact on school transportation companies and school districts that provide their own transportation services, the federal appeals court has held that physical and sexual assault allegations, predicated upon Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Federal Rehabilitation Act suit against a school district dismissed.

School Leaders' Liability

The plaintiffs filed a complaint stemming from the school district’s alleged violation of Section 504 of the Rehabilitation Act. Defense counsel prepared a F.R.C.P. 12(b)(6) motion to dismiss, arguing that the plaintiffs’ pleadings were insufficient to show that the student was disabled under the Act, that the district did not discriminate against the student, and that an isolated incident or comment from one teacher does not impart liability in violation of Section 504. The motion was first evaluated by a U.S.

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School district prevails in busing dispute.

School Leaders' Liability

We successfully defended a public school district that had been sued in federal court for not providing busing to charter schools within its district. The charter schools sought a temporary restraining order and a preliminary injunction to prevent the district from prioritizing busing to students attending traditional schools over those attending charter schools. The court agreed that the district was fairly maximizing its bus driver resources to service the most students possible.

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Successful defense of school district in a special education due process matter.

School Leaders' Liability

The case involved a middle school student diagnosed with epilepsy and ADHD. Throughout middle school, the student was accommodated for his medical conditions through a 504 Service Agreement, and was provided intensive, small group instruction in reading and math as he struggled in those areas. The student was evaluated for special education twice by the school district, at the parents’ request, because they believed he might have a learning disability.

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School district immune under the PA Political Subdivision Tort Claims Act.

School Leaders' Liability

We obtained summary judgment in Carbon County, Pennsylvania in a negligence action brought against a local school district. The plaintiff, a former high school athlete, was working out in the District’s weight lifting facility when a cable snapped on a leg curl machine, striking his head and causing significant injury. The plaintiff sued the district, alleging negligence in the operation, inspection, and maintenance of the gym and, more specifically, the leg curl machine.

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School district prevails against special education due process complaint.

School Leaders' Liability

We successfully defended a local school district in a special education due process complaint by the parent of a former student who was diagnosed with autism, learning disabilities and ADHD. ​The student had graduated from high school, completed all credits and earned a regular diploma.

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