In November 2019, Pennsylvania took a monumental step toward justice for survivors of childhood sexual abuse. Under Governor Wolf, the legislature passed HB 962, which amended the Political Subdivision Tort Claims Act (PSTCA) to create a “sexual abuse exception.” For the first time, public schools could be held civilly liable not just for abuse by employees. They could also be held accountable for any sexual assault connected to negligence even when the perpetrator was another student.

The 2025 Commonwealth Court Ruling: A Win for Survivor Rights

Key Facts:

• Classmates sexually assaulted a 10th‑grade student with an intellectual disability in gym class at South Philadelphia High School.
• Plaintiffs’ lawsuit argued the school district failed to adequately supervise, which led to the assault; they were seeking to hold the school district liable for enabling the sexual abuse, not the sexual abuse itself. 
• The school district claimed sovereign immunity under PSTCA but the Commonwealth Court disagreed.

What the Court Ruled:

• In a unanimous decision, the court held that the 2019 amendment indeed removes immunity for sexual assault by third parties. This is provided the abuse was enabled by negligent school supervision. 
• The Court emphasized the legislature’s intent: to hold public institutions accountable for enabling sexual abuse not just for it occurring by employees.

The Court’s Reasoning: 

• The Court considered two different approaches based on previous case law. 
• One approach, argued by the South Philadelphia High School, applies a broad reading of Section 8541 that immunizes districts for damages caused by any other person. LawF.V. v. S. Phila. High Sch.,  2025 Pa. Commonw. LEXIS 105, 13 (Pa. Commw. Ct, 2025). 
• However, the Commonwealth Court disagreed with this approach, and instead applied the approach argued by the Plaintiffs in this case. This approach holds agencies accountable if the “alleged facts squarely fall within one of the enumerated exceptions and advance a claim of joint-not vicarious or secondary- liability.” Id. at 14. 
• Ultimately, the court decided to reject the District’s theory of total immunity because of the allegations that the District and its employees’ actions resulted in the plaintiff’s injuries, and because the Plaintiffs alleged the District was liable even when the injury was caused by the criminal acts of a third party, rather than alleging the District directly harmed the Plaintiff. Id. at 14-15. 

This decision aligns with earlier trial-level rulings. Schools were found liable under similar exceptions, even when the abuser wasn’t a school employee.

Why It Matters for Victims of Pennslyvania Schools

1. Greater access to civil justice; Survivors now have a legal path to sue public schools for negligence in supervising students. This opens liability where none existed before.
2. Increased deterrence; Schools are incentivized to implement stricter safety measures, training, and reporting systems to avoid potential lawsuits.
3. Future precedent; Although the ruling may be appealed, if upheld by the Pennsylvania Supreme Court, it sets a powerful precedent. This will benefit student survivors across the state.

How You Can Support Justice

Survivors & Families:

• Understand your rights: If sexual assault happened at school, talk to an experienced attorney. You now have the legal standing to file against the school as a negligent actor.
• Document everything: Keep records of incident reports, communications with staff or administrators, and any evidence of inadequate supervision.

Advocates & Communities:

• Educate schools: Encourage districts to adopt robust child protection policies everything from staff training to anonymous student reporting systems.
• Push for oversight: Advocate for regular safety audits in schools, particularly in areas where students mix unsupervised (gyms, locker rooms, etc.).

Policy-Makers:

• Monitor the appeal process: The Philadelphia school district may take this ruling to the state Supreme Court. Legislative advocates should be ready to support judicial confirmation of the statute’s original intent.
• Consider broader reforms: This same legislative package in 2019 also extended civil filing deadlines and removed criminal limitations. There is an opportunity now to push for constitutional amendment measures. These include HB 462 and HB 464, which offer additional pathways to justice.

The 2025 Commonwealth Court ruling reaffirms a key message. It states that public schools can no longer hide behind immunity when their negligence allows student-on-student sexual abuse. For survivors, it’s a crucial legal avenue toward reckoning and accountability. For schools, it’s a call to action to reinforce safety, oversight, and cultures of responsibility.

Why Choose Andreozzi + Foote

At Andreozzi + Foote, we’ve spent decades fighting for survivors of sexual abuse across Pennsylvania, long before state lawmakers began catching up. Our firm has filed landmark lawsuits against public schools, churches, foster care systems, and youth programs that failed to protect children. We were instrumental in exposing institutional coverups and have helped shape the very legislative reforms now making headlines. 

We treat every client with dignity, compassion, and the fierce advocacy they deserve. When you need a legal team that not only understands the law but also the lifelong impact of abuse, we are here to help you reclaim. Our nationally recognized attorneys deliver trauma-informed, survivor-centered legal representation.

Now is the time to seek legal advice if a school failed to protect you or a loved one. And as a community, we can help build safer schools through vigilance, advocacy, and informed policymaking.