Wartluft v. The Milton Hershey School and School Trust
Wartluft v. The Milton Hershey School and School Trust (U.S. Court of Appeals, 3rd Circuit, February 1, 2021): The 3rd Circuit ruled that a free, private boarding school was not a licensed mental health or residential treatment facility and was thus not responsible for a student’s death by suicide. Specifically, the court held that the school no longer stood in loco parentis (in place of the parent) after the student left school and was released into her parents’ care, and that there was no evidence of a “continuing duty of care” on behalf of the school. The school also did not violate the Fair Housing Act (FHA) by barring the student from her 8th grade graduation and end-of-year barbeque, because she was not a “renter” under the meaning of the FHA and the graduation ceremony was not a service related to student housing. Read the decision here.