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Representing families and children since 1981
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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 to proceed.

Supplemental Materials Fall 2011

United States v Philadelphia - settlement

1999 OCR guidance - Protecting Students from Hate Crime...

T.K. v New York Dept. of Educ.

Department of Justice Guide 

Zeno, Department of Justice Amicus Brief

Lance v Kyer, Texas bullycide complaint by Martin Cirkiel

Price v Scranton, PA bullying complaint

D 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

All content in this web site is provided for informational purposes only.  Legal services described in this web site are personally provided by Ilene Young, Esquire and associates.   Ilene Young is  admitted to practice in Pennsylvania, ED PA Federal Court , and the United States Court of Appeals for Veterans Affairs in Washington, D.C.  Associate attorneys at the firm are licensed to practice in New Jersey and Maryland.  Nothing in this site may be relied upon as legal advice 

Every child should be physically and emotionally safe while attending school.

If your child is being bullied, help is available.
If we cannot help you, we will refer you to someone who can.  We have colleagues throughout the state and the country with the expertise to help you and your child.

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