• G.W. v. Avonworth Sch. Dist.

    Publication Date: 2023-01-23
    Practice Area: Education Law
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: SA 22-0129

    The court found for plaintiff parents in a local agency law matter involving an educational dispute. Although defendant school district argued that the student was not entitled to receive a free education because he did not reside in the district's geographic boundaries, the court found that defendant had merely made inferences that the student was residing with his mother outside of the boundaries, rather than spending equal amounts of time with both parents as discussed in 22 Pa.Code §11.11(a).

  • O'Keefe v. Lehigh Univ.

    Publication Date: 2023-01-23
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-cv-0884-JMY

    Defendants moved for summary judgment in plaintiff's action asserting false arrest and imprisonment, assault and battery and forcible administration of a breathalyzer test by police and breach of contract by university in plaintiff's arrest and expulsion for public drunkenness and court found plaintiff's claims against police failed because he pled guilty to public drunkenness and claims against university failed because he was afforded fundamental fairness in accordance with the terms of the student handbook. Motion granted.

  • Doe v. Abington Friends Sch.

    Publication Date: 2022-12-19
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0014

    Parents of school student sufficiently alleged breach of school handbook where school failed to promptly investigate and respond to incidents of bullying or harassment after parents reported each incident their child suffered to school officials. Defendant's motion to dismiss denied in part and granted in part.

  • Save Our Saltsburg Sch. v. River Valley Sch. Dist.

    Publication Date: 2022-11-21
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1140 C.D. 2021

    Trial court properly sustained appellees' preliminary objections in appellants' action to stop closure of a school and arguing a due process right to education at the school of one's choice and a fiduciary duty by school board to the community as regards the school closure. Affirmed.

  • Doe v. N. Penn Sch. Dist.

    Publication Date: 2022-11-14
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-5142

    Student granted partial summary judgment on Title XI claim where there was no genuine dispute that school district acted with deliberate indifference when teacher failed to report or appropriately respond to a witnessed student-on-student sexual assault. Plaintiff's partial motion for summary judgment granted in part and denied in part; defendant's cross-motion for summary judgment denied.

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  • A.M. v. Wallingford-Swarthmore Sch. Dist.

    Publication Date: 2022-10-10
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-cv-1926

    School district provided student with a free appropriate public education because district offered student an education that was appropriately ambitious in light of student's unique characteristics and student's continued struggles with writing assignments at private school showed his struggles at school district were not due to inadequate services from district. Affirmed.

  • Cent. Bucks Sch. Dist. v. Q.M.

    Publication Date: 2022-10-03
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1128

    Hearing officer correctly found that school district failed to provide free appropriate public education for student suffering from genetic disorder causing insatiable need to eat where IEP failed to ensure constant food secure environment, whereas residential private school could offer such an environment and therefore parents were entitled to tuition reimbursement. Parties' cross-motions for summary judgment granted in part and denied in part.

  • Morgan v. Vall. Forge Military Acad. & Coll.

    Publication Date: 2022-08-29
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Alejandro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0970

    Due process and equal protection claims arising from discipline imposed by private school failed as a matter of law where private schools were not state actors under §1983. Defendant's motion to dismiss granted.

  • Commonwealth v. Detwiler

    Publication Date: 2022-08-08
    Practice Area: Education Law
    Industry: Education
    Court: Courts of Common Pleas, Columbia County
    Judge: Judge Norton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0814

    Court denied habeas corpus request in a case arising from parents' refusal to wear a mask while attending a school board meeting. Although the parents argued the school board had no power to enforce a masking policy, the court noted that under the Pennsylvania education code, broad authority is given to school districts to carry out their duties, including that of maintaining health within their buildings. Therefore, the court concluded the board did not abuse its implicit authority by mandating a mask requirement.

  • A.S. v. Colonial Sch. Dist.

    Publication Date: 2022-07-25
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0837

    Parents moved for judgment on the administrative record and court found district erred in placing child in local public school because the placement directly contradicted expert's recommendation, district and parents had an enforceable agreement to send child to the expert-recommended school and the equities supported full tuition reimbursement. Motion granted.