Author: Bernie James

Safety Law News for March 31, 2023

–  In North Carolina, the United States District Court rejected the Title VI claim of a parent that racial discrimination was the motivation behind a search of her vehicle, which her daughter parked in the school lot. Title VI prohibits…

Safety Law News for March 29, 2023

— In Tennessee, the United States Court of Appeals ruled that a school’s failure to diagnose a student’s disability at earliest possible moment was not a per se violation of the Individuals with Disabilities Education Act (IDEA).  The appellate court…

Safety Law News for March 24, 2023

— Nationally, the United States Supreme Court ruled that “(t)he Individuals with Disabilities Education Act (IDEA) seeks to ensure children with disabilities receive a free and appropriate public education.”  The Court held that the IDEA administrative procedures for resolving disputes…

Safety Law News for March 17, 2023

— In Maryland, the United States District Court ruled that a school district and educators were not immune from a lawsuit brought by parents for the sexual abuse of their six-year old daughter committed by two of her first-grade classmates…

Safety Law News for March 15, 2023

— In New York, the Supreme Court of New York denied the motion of educators to dismiss the lawsuit of a student for sexual abuse by a teacher/coach.  The court instead ruled that the student was entitled to summary judgment. …

Safety Law News for March 13, 2023

— In California, the Court of Appeal of California reversed the dismissal of a lawsuit brought against a teacher who “had a sexual relationship with one of his students which included sexual activities in his classroom.”  The trial court granted…

Safety Law News for March 10, 2023

— In Iowa, the United States District Court dismissed a lawsuit against a police officer and a school district brought by a student who was taken down to the ground and briefly handcuffed after engaging in behavior that the officer…

Safety Law News for March 6, 2023

— In Maryland, the United States District Court refused to dismiss a lawsuit brought by students who alleged that they were improperly subjected to video recording at school without their knowledge or consent while they were dressing for school-sponsored event.…

Safety Law News for March 3, 2023

— In South Carolina, the United States Court of Appeals affirmed the invalidation of South Carolina’s disorderly conduct law.  The law, prohibiting disorderly or boisterous conduct in public places and prohibiting the use of obscene or profane language within earshot…

Safety Law News for March 1, 2023

— In Washington State, the Court of Appeals of Washington reversed the lower court and reinstated the lawsuit of a student who was indefinitely suspended from high school for gang-related activity on campus.  The appellate court held that the educators…