Pennsylvania Bar Association Exceptional Children Conference
Bullying and Disabilities Harassment
Supplemental Seminar Materials
|New Cases and Materials for 2012 Snapshots Update
K.A. v Upper Perkiomen Sch Dist,
June 21, 2012, Eastern District Pennsylvania: In a "failure to
protect" claim, Judge DuBois discusses "willful misconduct" by
school administrators and employees under the Pennsylvania Political
Subdivisions Torts Claim Act.
Doe v Covington,
March 23, 2012, Fifth Circuit rehearing en banc: Court discusses
and dismisses claims of School District duty to protect arising
under Constitutional "state created danger" and "special
relationship" theories, where school failed to follow its own
procedures and permitted a child molestor to repeatedly
sign small child out of school and rape her.
CJS v Board of Directors,
August 2011, Eastern District Pennsylvania: Judge Padova
discusses, and allows to proceed, state created danger theory of
liability where student was repeatedly sodomized by assigned
"homework buddies" in residential setting.
Pagan v City of Philadelphia,
May 2012, Eastern District Pennsylvania: Citing binding Third
Circuit precedent, Judge Sanchez finds no constitutional duty to
protect a student from being raped while attending the School
District of Philadelphia.
Price v Scranton,
January, 2012: In a case concerning a non-disabled female student
asserting Constitutional, Federal and State claims arising from
bullying, Judge Slomsky of the Eastern District of Pennsylvania
holds 1. that Parents are not in a supervisory position while
students attend school, so bear no liability under state law despite
alleged knowledge and, 2. the District did not bear a duty
to protect under the Constitution. Title IX claim was permitted
Supplemental Materials Fall 2011
States v Philadelphia - settlement
OCR guidance - Protecting Students from Hate Crime...
T.K. v New York Dept. of Educ.
of Justice Guide
Department of Justice Amicus Brief
v Kyer, Texas bullycide complaint by Martin Cirkiel
v Scranton, PA bullying complaint
v P, PA bullying complaint
Doe v Big Walnut, bullying claim as personal injury, opinion granting
motion to dismiss
Broaders ex rel B.B. , bullying claim as substantive due process,
opinion granting motion to dismiss
Bullying and Disabilities Harassment 2007 powerpoint
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