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.
Results
Summary Judgment Secured in a Construction Injury Case Involving a School District
We obtained summary judgment for our clients, a school district and its board of education, in a construction injury case. The school district hired a paving contractor to install a drainage pipe and to perform paving work at a number of its schools. The paving contractor had to excavate a trench to install the pipe. The plaintiff, an employee of the paving contractor, was working in the trench installing the pipe when the trench collapsed around him, trapping him up to his head and requiring that he be extricated by first responders. According to the plaintiff, the trench collapse was affected by a condition of the property that caused water to enter and destabilize the trench. He alleged that the school district was liable because the existence of the water was a dangerous condition of the property and, as the property owner, the district was negligent in failing to properly supervise the work and provide for the safety of the workers. The school district’s superintendent had visited the site on the morning of the incident, observed mud in the trench, and said to the paving contractor that he should not let anyone work in the trench. In our summary judgment motion, we argued that the school district did not owe a duty of care to the plaintiff because the contractor was, by contract, in charge of the means and methods of its work and was contractually obligated to provide for the safety of its work and its workers. The court granted summary judgment to the school district, agreeing that it did not owe a duty of care to the plaintiff.
Summary Judgment Obtained in Complicated Case Brought Against Two Pennsylvania School Districts
We obtained summary judgment on behalf of two school districts in a matter brought by various plaintiffs against the Career and Technology Center of Lackawanna County (CTC) and four of its sending school districts. The plaintiffs had asserted claims under Title IX, the 14th Amendment, and Section 8542(b)(9) of the Pennsylvania Political Subdivision Tort Claims Act based on their sexual abuse by an automotive technology instructor at CTC. While permitting some claims to proceed against CTC, the court dismissed all claims against the sending school districts on the grounds that the plaintiffs failed to demonstrate that any individual at any of the defendant-school districts had actual knowledge of the automotive technology instructor’s conduct, and the instructor was not an employee, independent contractor or ostensible agent of any school district by virtue of his employment by CTC.
Thought Leadership
Legal Updates for Special Education Law
PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher
June 2, 2026
A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.
Legal Updates for Special Education Law
Downsizing Has Not Slowed the U.S. Department of Education’s Pursuit of Title IX Investigations
April 1, 2026
The U.S. Department of Education continues to progress through its restructuring and downsizing as a result of the Trump administration’s promise to “break up the federal education bureaucracy and return education to the states.” During a March 27, 2026, media release, the U.S. Department of Education stated as follows: “In a prudent step to save hundreds of millions of taxpayer dollars and further reduce the federal education bureaucracy in Washington, D.C., U.S. Secretary of Education Linda McMahon, U.S. Secretary of Energy Chris Wright, and General Services Administration (GSA) Administrator Edward C. Forst today announced that the U.S. Department of Education (ED) will move out of the Lyndon B. Johnson headquarters building. ED will relocate to 500 D Street SW, saving taxpayers approximately $4.8 million annually in operating costs and eliminating wasted space in a building that is roughly 70% vacant. ED’s move is targeted for August 2026.” Nevertheless, the ED remains active in investigating Title IX matters. For example, on March 31, 2026, the Department of Education’s Office for Civil Rights (OCR) opened a complaint into the Contoocook Valley School District in Peterborough, New Hampshire, based on reports that the District was allowing biological men to use girls’ restrooms and locker rooms. The OCR has said it will investigate whether the district violated Title IX of the Education Amendments of 1972 (Title IX) by allowing students access to intimate facilities based on “gender identity,” not biological sex. Relative to Pennsylvania, the ED also recently reported that The University of Pennsylvania entered into a resolution agreement to comply with Title IX, based upon alleged competitive advantage in allowing males to compete in women’s collegiate sports (female swimming and diving). While the future breadth and depth of the federal education agency remains uncertain, certain core functionality remains. For more information visit: https://www.ed.gov/about/news/press-release/us-department-of-education-downsize-footprint-washington-dc-and-save-taxpayers-over-48-million-annually