Pennsylvania Just Made It Easier to Sue Schools That Fail to Protect Kids

A 22-Minute Attack Changed the Law

A 14-year-old special education student was allegedly assaulted on a Philadelphia school bus for 22 minutes straight. The bus attendant was on a personal phone call the whole time.

The driver never turned around. Now a Pennsylvania appeals court has ruled that the school district cannot hide behind governmental immunity, and the case is heading to trial.

The ruling could reshape how schools across the state handle student safety, and it started with a law pushed by a legislator who survived childhood abuse himself.

The Bus Ride Home on March 10, 2020

K.W. was 14 years old and mentally disabled. She rode a bus designated as Special Transportation, a service the School District of Philadelphia provides for students who need extra supervision under their Individualized Education Plans.

On March 10, 2020, she boarded the bus after school like any other day. According to court documents, another minor student sexually assaulted her during the ride home.

The attack allegedly lasted about 22 minutes.

The Surveillance System Caught It All

The bus had video cameras running.

According to the lawsuit, the footage shows the assault happening in plain view, just five rows behind the driver and directly behind the bus attendant. K.W. was seated close enough that any adult paying attention should have noticed something was wrong.

The video became key evidence in the case, documenting what the complaint describes as a complete failure of supervision by the adults responsible for keeping students safe.

The Attendant Never Looked Up

Bus attendant Sandra Williamson was supposed to monitor the students during the ride. According to court filings, she spent the entire 22 minutes on a personal phone call.

She never intervened. She never checked on the students behind her.

The complaint alleges her distraction allowed the assault to continue uninterrupted. Bus driver David Johnson also failed to notice or respond to what was happening just rows away.

Special Transportation Was Supposed to Be Safer

K.W. was not riding a regular school bus. Her Individualized Education Plan specified Special Transportation, a service designed to provide higher levels of safety and supervision for students with disabilities.

Parents trust this designation means their children will receive extra attention and protection.

The lawsuit argues the district violated that trust by staffing the bus with employees who ignored their responsibilities.

The District Claimed It Could Not Be Sued

When K.W.’s parent filed suit in November 2021, the School District of Philadelphia moved to dismiss the case.

The district argued that Pennsylvania law shields government agencies from lawsuits when the harm is caused by a third party.

Since another student committed the assault, the district claimed it was protected by governmental immunity under the Political Subdivision Tort Claims Act.

A Survivor Legislator Changed the Law in 2019

Former state Rep. Mark Rozzi was raped by a Catholic priest when he was 13 years old.

A friend who was abused by the same priest later died by suicide. Rozzi ran for office and spent over a decade fighting for abuse survivors.

In 2019, Governor Tom Wolf signed his legislation creating an exception to governmental immunity for sexual abuse cases. The law allows victims to sue public agencies when negligence enables abuse to happen.

A June 2025 Ruling Set the Stage

Six months before the K.W. decision, the Commonwealth Court ruled on a similar case.

In L. F. V. v. South Philadelphia High School, an intellectually disabled student was allegedly assaulted by two classmates during gym class while teachers failed to supervise.

The court ruled unanimously that schools can be held liable when their negligence enables student-on-student abuse.

The district cannot escape responsibility just because an employee did not personally commit the assault.

The Court Said Negligence Opens the Door

On December 28, 2025, Judge Stacy Wallace wrote the opinion in the K. W. case. The court cited the L. F. V. precedent and rejected the district’s immunity defense.

The ruling made clear that the sexual abuse exception applies whenever a school’s actions or omissions constitute negligence that enables abuse.

The law was written to hold institutions accountable, not to protect them when their staff fails to do their jobs.

Schools Across Pennsylvania Face New Liability

The ruling has major implications for every public school district in Pennsylvania. Districts can no longer assume immunity will protect them when students harm other students.

If staff members fail to supervise, fail to intervene, or fail to follow safety protocols, the district can be sued. Legal experts say schools will need to review their policies and training to reduce exposure.

The Fight for K.W. Is Just Beginning

The Commonwealth Court decision does not determine whether the district is liable. It only allows the case to proceed to trial.

K. W.’s family will still need to prove that the negligence of district employees caused the harm. But the courthouse door is now open.

The lawsuit names the School District of Philadelphia, bus driver David Johnson, and bus attendant Sandra Williamson. The district has indicated it may appeal to the Pennsylvania Supreme Court.

One Phone Call, One Changed Life

K.W. suffered what her family describes as severe and permanent injuries, including emotional distress and educational setbacks. A bus ride that should have been routine became 22 minutes that changed everything.

The attendant who was supposed to watch over her was watching her phone instead.

Now a court has ruled that when adults trusted with disabled children fail them, those children deserve their day in court.

This article was created with AI assistance and human editing.

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