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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
A panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati issued an opinion on May 19, 2022 that arguably expands the scope of liability K-12 school districts may face with respect to Title IX claims of sexual...more
Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020). The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more
M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more
In its most recent legislative session, Texas lawmakers took a number of steps designed to protect students from potential harm due to sexual misconduct. The new rules extend to certain obligations and protections to private...more
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
We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more
When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more
Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of...more
Mlive.com and the NSBA Legal Clips recently reported that a Michigan School entered into an agreement with the Department of Education Office for Civil Rights (“OCR”) to resolve allegations that the district failed to...more