School Board Liability: PA School Removes Gendered Sports 

Early this year, a Pennsylvania student took on the Line Mountain School Board in hopes of abolishing the standing gender-based athletics policies. The young wrestling competitor and her family’s efforts were rewarded when the board decided to forgo a lengthy legal debate, choosing instead to repeal the policy which had been established in 2005. Their agreement states that the district shall no longer discriminate based on gender in regards to athletic opportunities and that the school board will eradicate “boy” only sports programs. All students will hereafter have equal opportunities to pursue any sports offered.

Their decision stemmed from the belief that any further legal action would only result in high expenses and the same result of needing to reform their policies. The school board reported spending $35,000 in legal fees to date and recognized the benefit of reaching an agreement before a full-fledged lawsuit ensued. However this challenge could still cost them greatly. Debate continues about recovering steep legal fees incurred by the student’s family throughout the litigation process. With their $100,000 School Board Liability insurance limits, the board will likely not be able to reimburse the family’s legal fees in full.

This Pennsylvanian school board’s decision to repeal gendered athletics regulations follows a number of similar policy changes in schools across the country instigated by the families of students seeking equal opportunity and representation in school sports. Nationally, school boards have been challenged to broaden, edit and revamp gender oriented polices ranging the gambit from uniforms and dress codes to bathroom access. With increasing numbers of lawsuits brought against the education system, it is not only important to contemplate revisiting some antiquated rules but also make sure that your establishment is protected.

At Professional Governmental Underwriters, Inc., we know that all public entities are not created equal. We offer a full-service Risk Management services for the public, educational and non-profit entities to help better manage their professional liability exposures. Our Educational Legal Liability and School Board Liability programs cover defense costs in addition to policy limits and offer full prior acts coverage. Please Contact Us today to learn more about how our school board programs can be tailored specifically for your needs.