Author: Bernie James

Safety Law News for November 16, 2023

— In New York, the New York Supreme Court, Appellate Division ruled that schools can be liable when they fail to provide “an appropriate level of supervision.”  This ruling reversed the lower court that dismissed the lawsuit of a student…

Safety Law News for November 3, 2023

— In Oregon, the Court of Appeals of Oregon ruled that Oregon law required the reversal of dismissed claims brought by paraeducators who worked in special education classrooms within the Portland Public Schools.  The paraeducators claimed that, “they repeatedly and…

Safety Law News for October 27, 2023

— In California, the California Court of Appeal denied immunity to a school district for injuries to a student who made her way to school by other means when the school bus “had not arrived for 40 minutes after the…

Safety Law News for October 24, 2023

— In Pennsylvania the United States District Court ruled that the provisions of the Individuals with Disabilities Education Act (“IDEA”) were not violated by keeping a student in an interim alternative education setting beyond the forty-five (45) day limit without…

Safety Law News for October 19, 2023

— In Maryland the United States District Court denied qualified immunity to a school administrator accused by a parent of failing to protect her child.  The “six-year-old public school student (was) in the first grade …when she was sexually abused…

Safety Law News for October 13, 2023

— In New Jersey, the United States District Court, dismissed a lawsuit filed by a student who refused to comply with the Bag Policy.  The Bag Policy, in pertinent part states, “All students are permitted to carry clear book bags…

Safety Law News for September 29, 2023

— In New York, the Supreme Court Appellate Division, affirmed the dismissal of a lawsuit filed by a student who claimed that he “was assaulted, harassed, and subjected to bullying by other students during an incident that occurred while (he)…

Safety Law News for September 26, 2023

— In Illinois, the United States District Court dismissed a case brought by parents of a middle school student who was searched by the school principal in the presence of police officers and “found no contraband.”  School employees reported seeing…

Safety Law News for September 22, 2023

— In the District of Columbia, the United States District Court held that parents of a student “have not met their burden to show that there are triable claims under Title IX” arising out of a sexual assault by a…

Safety Law News for September 19, 2023

In Florida, the District Court of Appeal upheld the adjudication of delinquency of a student who was charged with trespassing within a school safety zone while he was suspended.  The state law provides that, “during the period from 1 hour…