Professional Liability

Today’s headlines are replete with stories of lawsuits involving student-on-student bullying or sexual assault, denial of a student’s right to free appropriate public education, or violations of a student’s or educator’s due process or First Amendment rights. Those headlines often cost big money, win or lose, to school boards, public and private schools, and universities, as well as to individual administrators and educators. Every case in the school setting involves a unique set of highly-emotional facts—some arise from actual or perceived indignities suffered, constitutional or statutory rights violated, or egregious conduct that is alleged to have been ignored. In those situations, the defense matters.

Marshall Dennehey’s School Leaders’ Liability Practice Group has been representing self-insured and insurance company clients in school leaders’ liability litigation for many years. We handle all areas of claims and litigation involving school leaders and educational institutions, including claims arising under federal and state discrimination statutes, federal and state leave laws, federal due process under the Individuals with Disabilities Education Act (IDEA), Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act, state-created danger and equal protection principles, student discipline matters, educator misconduct, due process, First Amendment rights, and all manner of personal injury claims involving students or school personnel that occur during the school day or during the course of school-related activities. We regularly appear before hearing officers, the federal and state courts that sit in the jurisdictions where we have a presence, the U.S. Office of Civil Rights, the Department of Education, and administrative agencies, such as the Equal Employment Opportunity Commission and state and local human relations agencies.

Our experienced litigators approach cases proactively and strategically, making our clients’ objectives and goals primary. If early resolution is important, we leverage our expertise and familiarity with opposing counsel, hearing officers, and jurists in the jurisdictions where we practice to achieve that result. We also have significant experience in alternative dispute resolution proceedings. Otherwise, we work to obtain denial or dismissal of claims at the administrative hearing or agency level or, alternatively, through motions to dismiss or summary judgment at the trial court level. If early dismissal is not possible, we provide aggressive and effective representation at hearings or at trial to meet our client’s objectives.

Unfortunately for school leaders and educational institutions, laws and regulations governing general education and special education services to eligible students are extremely complex, and legal compliance is sometimes difficult to manage. School leaders and educators today face not only the challenge of running fiscally sound educational institutions, but they also must ensure that they remain in compliance with federal and state laws and regulations. Thus, in addition to providing our clients with vigorous representation in school-related disputes and litigation, the School Leaders’ Liability Practice Group also provides advisory/counseling services to our clients to keep them up-to-date on a range of issues affecting the the operations of schools and their educational programs.

The goal of our counseling/advisory services it to help school boards, school administrators, and educators limit or avoid litigation as much as possible. We regularly advise our clients on issues concerning statutory compliance with federal and state education laws, including those regarding special education. We also offer assistance to education professionals on issues related to investigations, discipline, and navigating alleged constitutional deprivations or civil rights violations.

Schools and universities without clear and effective policies and procedures present educational operations that are subject to risk. We work with our clients to create legally compliant, efficient, and comprehensive handbooks and student policies. The School Leaders’ Liability Practice Group also offers training programs on a full range of education-related matters, tailored to specific client needs or specific employee groups, such as administrators, teachers, and support professionals.

Representing school leaders and educational institutions requires expertise and familiarity with applicable federal and state laws that affect the provision of educational services, as well as those that require the health and safety of students and school employees. Given the complexity of the laws in this area, the best defense is partnering with lawyers who know the law, know the forum, and who understand and take a proactive approach to solving school leaders’ issues and exposures. The experienced and well-regarded attorneys in Marshall Dennehey’s School Leaders’ Liability Practice Group are those attorneys. We pride ourselves in taking care of the defense—when the defense matters—so our clients can focus on the growth, education, and development of their students and educators with the knowledge that they are in compliance with current laws and regulations. 

*Lee is the Vice-Chair of our School Leaders’ Liability Practice Group and works in our Philadelphia, Pennsylvania, office. 

 

_{Defense Digest, Vol. 29, No. 2, June 2023, 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}