Author: Bernie James

Safety Law News for May 10, 2021

— In Wisconsin, the United States District Court upheld the dress code of two schools that disciplined students for wearing shirts bearing images of guns while attending school.  One shirt bore the image of a revolver with the words, “Smith…

Safety Law News for April 27, 2021

— In New York, the Supreme Court, Appellate Division denied the school’s motion for summary judgment in a case involving the sexual assault of a student by a fellow student.  The court ruled that “schools have a duty to adequately…

Safety Law News for April 23, 2021

— In North Carolina, the Court of Appeals of North Carolina ruled that a student is entitled to Miranda warnings prior to being interrogated by his school principal when the school resource officer (SRO) is present but does not ask…

Safety Law News for April 19, 2021

— In New York, the Supreme Court, Appellate Division, held that school officials were not negligent in supervising students when a fourth-grade elementary school student was injured.  The injury occurred during a lunch recess when a fellow student ran up…

Safety Law News for April 16, 2021

— In Kansas, the United States District Court held that educators do not have immunity when they fail to properly supervise students.  In refusing to dismiss a lawsuit brought by parents of a student who was repeatedly assaulted in school,…

Safety Law News for April 12, 2021

— In Missouri, the United States Court of Appeals held that a school resource officer did not violate the Fourth Amendment when the officer summoned a student to the office to be interrogated by outside police about a non-school incident. …

Safety Law News for April 8, 2021

— In New York, the United States District Court upheld the search and seizure of a student whose threats to blow up school property were taken seriously by school officials.  The student told classmates, “don’t come to school tomorrow” and…

Safety Law News for April 5, 2021

— In Oregon, the United States District Court certified a class-action lawsuit against the Oregon Department of Education brought by parents of special needs students to challenge a form of blue-slipping school discipline.  “Blue-slipping” identifies a widespread practice in which…

Safety Law News for March 31, 2021

— In New York, the United States District Court refused to dismiss a lawsuit brought by a student who was sexually harassed and physically assaulted during a study hall by another student.  School officials told the victim that the incident…

Safety Law News for March 26, 2021

— In Missouri, the Missouri Court of Appeals refused to grant immunity to school teachers and nurses in a lawsuit brought by parents of a special needs child who died as a result of obstruction of her tracheostomy.  The court…