News & Analysis as of

Fourteenth Amendment Due Process School Districts

Tucker Arensberg, P.C.

Repeated Assaults of Kindergartner on School Bus Lead to Various Federal Law Claims

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In October 2023, a five-year-old girl (Roe) in the Red Lion Area School District (District) was reportedly physically and sexually assaulted by a male student while riding a school bus. After this incident, no measures were...more

Tucker Arensberg, P.C.

Transgender Accommodations and Parental Rights

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A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade...more

Tucker Arensberg, P.C.

District Court Allows First Amendment and Due Process Claims to Proceed in Flynn v. Big Spring School District

Tucker Arensberg, P.C. on

Flynn v. Big Spring Sch. Dist., No. 1:22-CV-00961, 2024 U.S. Dist. LEXIS 168913, at *2 (M.D. Pa. Sep. 19, 2024) (District Court permits Plaintiffs who were regular attendants at school board meetings to move forward with...more

Parker Poe Adams & Bernstein LLP

What Schools Need to Know About Immigration Enforcement Activities Under the New Presidential Administration

Schools are no longer exempt from immigration enforcement activities after President Donald Trump rescinded a Department of Homeland Security (DHS) policy last week that designated schools a "sensitive area" for immigration...more

Tucker Arensberg, P.C.

Education Law Report – Winter 2021

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School District Effort to Prohibit Students’ Political Attire Enjoined - Morgan v. Mifflin County School District, Case No. 1:2--CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of...more

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

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No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

Tucker Arensberg, P.C.

Student Assaulted By Classmate Cannot Sue School District for Violation Of Constitutional Rights

Tucker Arensberg, P.C. on

D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more

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