A Philadelphia high school student who was sexually assaulted by classmates can sue the school district under an exception to governmental immunity for sexual abuse, a Commonwealth Court panel ruled this week.
The seven-judge panel ruled unanimously in favor of the intellectually disabled 10th grader and her parents. The decision clarified that a school district may be held liable for negligence leading to a student's sexual assault by a third party and its responsibility is not limited to abuse by school employees.
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Lawyers for the girl, who is identified only by the initials L.F.M. in court documents, and an education advocate said the decision significantly improves protection for students.
"Today is a better day for children," said Nadeem Bezar, an attorney with Kline & Specter who brought the lawsuit on behalf of the girl and her parents with co-counsel Helen Lawless. "We are happy that the Commonwealth Court interpreted the statute the way the legislature intended. We understand the case still has a ways to go. But today is a step in the right direction."
Spokesperson Monique Braxton said the School District of Philadelphia is reviewing the decision and anticipates seeking review by the Pennsylvania Supreme Court.
"The district values the safety of our students and staff. If a student sees something that they feel is concerning, we encourage them to share their concerns with their parents, teachers, and other district staff," Braxton said in a statement. "We all play a role in keeping our schools and communities safe, and encourage students, staff, and families to say something if they see something."
According to the lawsuit, L.F.M. was enrolled in a co-ed gym class at South Philadelphia High School with other students with disabilities and learning impairments. In October 2021, two classmates pushed her behind the bleachers, sexually assaulted her and demanded that she go into a bathroom to take and share sexually explicit images.
One of the students continued to harass and demand explicit images from L.F.M. by telephone that evening, when the girl's mother overheard. The girl told her mother what had happened in school and the mother reported the assault to the district and police, the suit says.
The lawsuit alleges the school district failed to ensure that its employees properly supervised students in the gym class, permitting the girl's attackers to carry out the assault. It claims the district is liable for negligently permitting the assault.
The Commonwealth Court decision centers on a relatively new addition to the state law that limits tort liability for public agencies in Pennsylvania. The Political Subdivision and Torts Claims Act (PSTCA) grants immunity to government entities except under a handful of scenarios and limits damages to $500,000.
As part of a legislative package to secure justice for victims of childhood abuse, former state Rep. Mark Rozzi (D-Berks) won approval of the sexual assault exception. Signed into law by Gov. Tom Wolf in 2019, it allows individuals to sue public schools if they are victims of acts that would constitute criminal sexual assault under state law.
In response to L.F.M.'s lawsuit, the Philadelphia School District argued the exception applies only to acts by the district and employees. A Philadelphia judge rejected the district's argument and it appealed in Commonwealth Court. The student's lawyers argued the exception permits claims for sexual abuse by a third-party, such as other students, if it results from negligent actions or omissions by the school district.
In an opinion by Judge Lori Dumas, the court found the purpose of the exception was to hold public entities accountable for enabling abusers and to expand the rights of victims to sue.
Dumas cited Rozzi's statement in a "friend-of-the-court brief" that the purpose was not to hold institutions accountable for employing abusers but for enabling abusers to carry out their crimes against children.
The district claimed the primary purpose of the PSTCA is to protect taxpayers and that broadly interpreting the exception could impede the district's financial ability to serve its 200,000 students.
"We must presume the legislature also recognized its duty of protecting the public fisc, including the potential monetary harm to municipalities from large tort recoveries," Dumas wrote. "Upon balancing those duties, the legislature nevertheless enacted an exception to governmental immunity, removed the damages cap, and extended the statute of limitations. We cannot reweigh those considerations."
Maura McInerney, legal director at the Education Law Center, a nonprofit legal advocacy organization dedicated to ensuring access to education, said the decision makes clear that public schools have an obligation to protect children so that incidents such as the one in the lawsuit cannot happen.
"I think the case should send a powerful message to school districts," McInerney said, adding that the plaintiffs in the case still have to show that the district's actions or omissions have a causal relationship to the assault.
Rozzi, who was raped by a priest as a child, drew on his experience as a sexual abuse survivor to champion victims' rights in the General Assembly. In addition to the PSTCA exception, he succeeded in passing laws to extend the statute of limitations for survivors to pursue civil claims against abusers and enablers until age 55. He also won approval of a law to eliminate the criminal statute of limitations for sexual offenses.
Before he retired after six terms in the state House last year, Rozzi had also pursued a state constitutional amendment to provide a two-year window for survivors to pursue civil sexual abuse claims, regardless of their age. Although the legislation failed, it was reintroduced this session and passed in the House again Monday. The bill will now be considered in the Senate.
Rozzi said the Commonwealth Court ruling would help school districts "analyze their policies to protect children thoroughly and extensively."
"It is a matter of life and death, and they are in your hands when they're here in your school," Rozzi said, adding that a moment of inattention by a school employee could be tragic. "In that 10 or 15 minutes, that's all it takes for a child to be raped."
Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com.
