Legal Update for Special Education Law – RESULTS & THOUGHT LEADERSHIP*
RESULTS
Sharon O’Donnell (Harrisburg, PA), Lee Durivage and Alexandra Freeman (both of Philadelphia, PA) obtained dismissal in favor of a school district on a former student’s claims that the district was liable for damages under Title IX, Section 504 and the ADA after he was sexually abused by a teacher’s aide at a different school. The student was transitioning back into our school district after attending a private school for his emotional support needs. During the summer months, the student’s former aide was arrested and confessed to sexual abuse of the student. The student’s guardians removed him from the district’s extended school year program at that time. After the teacher’s aide was released on bail, she contacted and met up with the student at a local park in August. The police were contacted by the student’s family, and the teacher’s aide committed suicide in the park when they arrived. In filing the lawsuit, the student alleged that the district should have taken more steps to amend his IEP and conduct a Title IX investigation when it learned that the teacher’s aide was arrested, arguing that had this occurred, the contact in August would not have taken place. Magistrate Judge Carlos disagreed, finding that the plaintiff could not state a plausible claim under Title IX, Section 504 and the ADA. All claims against the school district were dismissed, with prejudice.
*Prior Results Do Not Guarantee a Similar Outcome
THOUGHT LEADERSHIP
Christopher Conrad (Harrisburg, PA) will co-present “Left Behind: Today's U.S. Department of Education and the Potential Impact on Special Education and Disability Services” at the Pennsylvania Bar Institute’s annual Exceptional Children Conference. Being held on October 24, 2025, this 6-hour CLE is for special education law professionals.
For more information, visit: Exceptional Children Conference 2025 - Summerdale - Pennsylvania Bar Institute (PBI)
Legal Update for Special Education Law – October 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.