Author: Bernie James

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…

Safety Law News for March 23, 2021

— In New York, the Supreme Court, Appellate Division, held that a school was not liable for injuries sustained by a student at the hands of a fellow student.  The court ruled that “a school district acts in loco parentis…

Safety Law News for March 19, 2021

— In Maryland, the Court of Special Appeals of Maryland reversed the adjudication of a student for shouting in the classroom that he would “shoot up” the room if he did not find a folder he had left behind during…

Safety Law News for March 16, 2021

— In Pennsylvania, the United States Court of Appeals, Third Circuit, affirmed the dismissal of a lawsuit brought by parents whose special needs child was placed in handcuffs by a school resource officer.  The court ruled that the parents needed…