A federal judge on Tuesday tossed out the child endangerment conviction of former Penn State President Graham Spanier in a case that stemmed from the Jerry Sandusky child abuse scandal.

The ruling, handed down by Judge Karoline Mehalchick in Scranton, was issued a day before Spanier was set to report to a two-month prison term.

Spanier was convicted of one misdemeanor count of endangering the welfare of a child for failing to report abuse by Sandusky in 2001. He allegedly learned that Sandusky, the former assistant football coach at the university, had abused a boy in a shower, but did not alert police.

The judge ruled that Spanier, who was president of the college for 16 years, should not have been charged under a 2007 version of a law for events that happened in 2001.

Prosecutors have three months to retry Spanier, but must use a 1995 version of the law to do so.

Sandusky was convicted on dozens of counts of sexual abuse in 2012 for abusing a number of vulnerable kids he worked with in a youth football program.

The scandal led to the ouster of longtime football coach Joe Paterno and the allegation that Spanier helped cover up Sandusky’s crimes.

With Wires