• B.B. v. Delaware Coll. Preparatory Acad.

    Publication Date: 2019-03-13
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Lauren M. O'Connell Mahler, McAndrews Law Offices, P.C., Wilmington, DE; Michael E. Gehring, McAndrews Law Offices, P.C., Berwyn, PA for plaintiffs.
    for defendant: Valerie A. Dunkle, Delaware Department of Justice, Dover, DE for defendant.

    Case Number: D68486

    IDEA complaint properly dismissed pursuant to statute of limitations where filed more than two years after the date of the student's first administrative due process complaint, which asserted the same injuries as the present action.

  • Keel v. Delaware State Univ. Bd. of Tr.

    Publication Date: 2019-02-20
    Practice Area: Civil Rights | Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Laura Davis Jones, James I. Stang, and James E. O'Neill, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Alexander S. Zalkin and Ryan M. Cohen, The Zalkin Law Firm, P.C., San Diego, CA for plaintiff.
    for defendant: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.

    Case Number: D68464

    Plaintiff's Title IX and equal protection claims were time-barred where her timely allegations merely amounted to continuing ill effects from the original alleged violations and were not continual unlawful affirmative acts by defendants that would support finding plaintiff's claim timely under a continuing violation theory.

  • Bd. of Educ. of the Smyrna Sch. Dist. v. E.D.

    Publication Date: 2018-12-26
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: David H. Williams, James H. McMackin, III, and Allyson Britton DiRocco, Morris James LLP, Wilmington, DE for appellant
    for defendant: Valerie A. Dunkle, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68399

    Reversal of student's expulsion affirmed where local school board failed to provide student with meaningful cross-examination during the disciplinary hearing and imposed a punishment clearly disproportionate to the severity of the student's offense.

  • Delawareans for Educ. Opportunity v. Carney

    Publication Date: 2018-12-12
    Practice Area: Constitutional Law | Education Law
    Industry: Education
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Tack-Hooper and Karen Lantz, ACLU Foundation of Delaware, Inc., Wilmington, DE; Richard H. Morse and Brian S. Eng, Community Legal Aid Society, Inc., Wilmington, DE for plaintiffs
    for defendant: Barry M. Willoughby, Lauren E.M. Russell, Elisabeth S. Bradley, and Lauren Dunkle Fortunato, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; William W. Pepper, Sr. and Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE; Herbert W. Mondros and Helen Episcopo, Margolis Edelstein, Wilmington, DE; Adam Singer and Mary A. Jacobson, New Castle County Office of Law, New Castle, DE; Norman M. Monhait, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE for defendants.

    Case Number: D68382

    State officials' motion to dismiss complaint alleging state failed to provide sufficient funding to disadvantaged students denied where Delaware Constitution's Education Clause required state to provide meaningful public education and judiciary was empowered to determine whether legislature's statutory scheme was unconstitutional.

  • Delaware Law Weekly

    Laster Greenlights Lawsuit Challenging Del. Education Spending Gaps

    November 27, 2018

    Chancery Court Vice Chancellor J. Travis Laster said it appeared the current system for allocating public school resources suffered from "deep structural flaws" and that Delaware's public schools have become re-segregated by race and class.

  • M.K. v. Prestige Acad. Charter Sch.

    Publication Date: 2018-10-24
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68322

    Plaintiff failed to timely effectuate service on one defendant, but claims against another party were not barred by a release in a settlement agreement.

  • Delaware Law Weekly

    Delaware ACLU Challenge to Inadequate School Funding Gets Green Light

    October 08, 2018

    A Delaware Court of Chancery judge has refused to dismiss a lawsuit accusing state and county officials of failing to provide adequate school funding for disadvantaged students, thanks in part to outdated property tax assessments.

  • Delaware Law Weekly

    ACLU Sues Delaware, Challenging Education Spending Gaps

    January 16, 2018

    The American Civil Liberties Union of Delaware on Tuesday filed a lawsuit in Delaware Court of Chancery, accusing the state of violating a requirement in the state constitution to ensure adequate education funding for disadvantaged students.

  • Welenc v. The Univ. of Delaware

    Publication Date: 2017-12-06
    Practice Area: Contractual Disputes | Education Law | Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: William E. Manning and Gerard M. Clodomir for defendant.

    Case Number: D67964

    Where a plaintiff had actual notice of allegedly incorrect information in his school record, his claims for breach of contract and defamation were time-barred.

  • M.K. v. Prestige Academy Charter Sch., DEFAX Case No. D67794 (D.Del. Jun. 26, 2017), Robinson, J. (12 pages).

    Publication Date: 2017-07-12
    Practice Area: Personal Injury | Education Law | Health Care Law
    Industry: Education | Health Care
    Court: U.S. District Court of Delaware
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67794

    The court granted an extension of time for service where a defendant had actual notice of the proceeding, but granted a motion to dismiss as to other defendants where plaintiff made no attempt to se