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Conner said in his order that the Hershey School contractually agreed to “house, feed, clothe and educate” students.

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The institution is basically “offering poor kids a Hobson’s choice: Take our terms and let us treat you negligently if we want to, or hit the road,” Hoffman said.

“That sort of waiver makes sense in certain contexts — a ski-mountain operator — but not for a school.” Lawyers at the Philadelphia law firm Dilworth Paxson who represent the plaintiffs said in court documents that it’s an “oxymoron to conclude that a school admitting only children with social needs then has no social duty to such children.” Mark Anderson, an associate law professor at the Temple University Beasley School of Law, said that the Hershey cases “involve students who are under 18 and allege that the school failed to protect their safety.

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Joe Paterno's estate has ended its four-year-old civil case against the NCAA over harm the family says it suffered from the association's actions against Penn State football in the aftermath of the Jerry Sandusky child sex abuse case.

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