— In New York, the Supreme Court, Appellate Division, reversed and remanded for a new trial a case in which school officials used state and federal special education laws as a defense from liability. The student, “identified as a student…
Author: Bernie James
Safety Law News for February 24, 2023
— In New Jersey, the Supreme Court of New Jersey, construing the “landmark amendments to the Child Sexual Abuse Act (CSAA), Charitable Immunity Act (CIA), and Tort Claims Act (TCA),” held that a former student’s lawsuit alleging sexual abuse while…
Safety Law News for February 20, 2023
— In Illinois, the Appellate Court of Illinois reversed the dismissal of a teacher, whose Facebook posts were used as the basis for a “for cause” dismissal. The Facebook post, reflecting the growing frustration of the teacher with student behavior…
Safety Law News for February 17, 2023
— In Kentucky, the Supreme Court of Kentucky applied sovereign immunity from liability to a county board of education for allegations of assault and battery while its employees were intervening and separating students who were fighting in a hallway. One…
Safety Law News for February 15, 2023
— In Pennsylvania, the Commonwealth Court of Pennsylvania held that the educational financing system of the Pennsylvania Department of Education violates the rights of students to receive, “a meaningful opportunity to succeed academically, socially, and civically, which requires that all…
Safety Law News for February 13, 2023
— In Louisiana, the Court of Appeal of Louisiana upheld the conviction of a teacher for simple battery, occurring when the teacher retaliated against a nine-year old special needs student who swung his backpack into the air, striking the teacher…
Safety Law News for February 10, 2023
— In Ohio, the United States District Court, dismissed the lawsuit of two students who claimed that school searches violated their Fourth Amendment rights. School officials enforced a school rule that suspended students for ten days for, “coming to school…
Safety Law News for February 8, 2023
— In Texas, the United States District Court ruled that school officials were not liable to a student whose injuries came at the hands of a sexually abusive teacher. The court held that the legal standard for a Title IX…
Safety Law News for February 3, 2023
— In Indiana, the Court of Appeals of Indiana, affirmed the conviction of a parent for disrupting campus and failing to comply with the requests of school officials. The court ruled that the felony of criminal trespass was appropriate because…
Safety Law News for January 30, 2023
— In New York, the Supreme Court, Appellate Division held that an educator’s homeowners’ policy triggered a duty on the insurer to defend a personal injury action stemming from an incident where the staff member, fighting with another student, inadvertently…