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Court rules charter schools entitled to governmental immunity
World Communication Charter School constitutes a “political subdivision”
06-13-2006
The Commonwealth Court of Pennsylvania, in Warner v. Lawrence and World Communication Charter School, found that charter schools are entitled to the same immunity from tort liability as government entities under Section 8451 of the Political Subdivision Tort Claims Act. The case involved Brian Warner, a minor and son of Keith Warner, who was injured by a “rough-housing” Daniel Lawrence while Warner retrieved items from his locker at WCCS. Warner alleged that WCCS was negligent for failing to post monitors in the hallways at the time of his injury despite the history of student “horseplay.” The Court maintained that the Charter School Law provides that a charter school may be sued “but only to the extent and upon the same condition that political subdivisions and local agencies can be sued” and that WCCS met the criteria to enact governmental immunity. Warner’s motions that WCCS was not a “political subdivision” and that granting immunity to WCCS was “unconstitutional” were denied.
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| Selected to the Top 100 List in Pennsylvania and the Top 100 List in Philadelphia in 2009 Pennsylvania Super Lawyers magazine |
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