News & Analysis as of

Child Abuse Educational Institutions

Tucker Arensberg, P.C.

“Deliberate Indifference” Claim for Ongoing Sexual Abuse of a Student by a Teacher Defeated by School District’s Investigative...

Tucker Arensberg, P.C. on

Ricketts v. Titusville Area Sch. Dist., C.A. No. 21-129 Erie, 2023 U.S. Dist. LEXIS 162029 (W.D. Pa. September 13, 2023). A federal court dismissed a claim of deliberate indifference by a school district for ongoing sexual...more

Franczek P.C.

ISBE Releases New Resource Guide and FAQ Regarding Faith’s Law

Franczek P.C. on

As we previously reported, under new School Code amendments made by Faith’s Law aimed to address sexual abuse prevention and response in schools, school districts, charter and non-public schools are required to implement new...more

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Franczek P.C. on

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Miles & Stockbridge P.C.

Maryland Senate Passes Bill Enhancing Protections for Child Abuse Victims

The Maryland Senate recently passed Senate Bill 686, also known as “The Child Victims Act of 2023,” which, if enacted, would erase the time limit for childhood sexual abuse survivors to file civil lawsuits. Under Maryland’s...more

Franczek P.C.

When School Districts Are Liable for Employee-Student Sexual Abuse under Title IX

Franczek P.C. on

The 7th Circuit Court of Appeals confirmed that school districts may only be liable for employee sexual misconduct when a school official has actual notice of the conduct. In C.S. v. Madison Metropolitan School District, the...more

Franczek P.C.

Illinois Adopts New Laws Targeting Appropriate Staff-Student Boundaries and Prevention of Sexual Abuse in Schools

Franczek P.C. on

Governor Pritzker recently signed Public Act 102-0676 (HB 1975) into law, which addresses sexual abuse prevention in schools. The new law is intended to address staff-student boundaries and appropriate professional conduct,...more

Franczek P.C.

ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more

Franczek P.C.

2021 Legislative Update Summary of Changes in School Law

Franczek P.C. on

GENERAL  - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021  Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more

Console and Associates, P.C.

2021 Update: There’s Still Time to File a Glen Mills Sexual Abuse Lawsuit

Two years after an investigative report uncovered allegations of shocking abuse occurring at a juvenile detention center once known as “the Harvard of reform schools,” Glen Mills sexual abuse lawsuits are still being filed....more

Patrick Malone & Associates P.C. | DC Injury...

USC to pay $1.1 billion to settle gynecologist’s hundreds of sex abuse cases

The University of Southern California apparently has set a record — one which parents should pray no college has reason to challenge and for which the educators and leaders at the Los Angeles campus should be sorry and...more

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Pullman & Comley - School Law

Part II in a Series: Is Your District Prepared to Implement the New Title IX Regulations at the Start of the 2020-2021 School...

The U.S. Department of Education has placed much emphasis lately on its concerns over sexual harassment occurring on college campuses and how colleges are investigating complaints and disciplining students accused of...more

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Seyfarth Shaw LLP

Proposed Legislation Seeks To Extend The CVA Revival Window For One Additional Year

Seyfarth Shaw LLP on

Synopsis: Almost a year after the New York State Legislature enacted the Child Victim Act or “CVA” in February 2019 -- which included a one-year “revival window” under which claims for child sexual abuse could be brought...more

Troutman Pepper

Updates for the New Year at Pennsylvania Colleges and Universities

Troutman Pepper on

As institutions of higher education begin their spring 2020 semester, they should be aware of  several Pennsylvania-specific developments regarding sexual misconduct and child abuse. ...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Seyfarth Shaw LLP

Claims Can Now Be Filed Under New Jersey’s New Law For Asserting Child Sex Abuse Claims

Seyfarth Shaw LLP on

Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more

Franczek P.C.

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

Franczek P.C. on

As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more

Franczek P.C.

ISBE Files Emergency Rules on Isolated Time Out

Franczek P.C. on

The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the...more

Franczek P.C.

New Law Imposes Various Measures to Address Student Safety, Including Educator License Suspension, Sexual Abuse Investigation...

Franczek P.C. on

On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more

Seyfarth Shaw LLP

Filings Begin Under New York’s Child Victim Act: Know The Rules

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Child Victim Act is now law and will have a significant impact on New York’s educational and religious institutions and other civic organizations that care for children. It extends the Statute of...more

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