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Safety Law News for September 5, 2025

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— In Mississippi, the Supreme Court of Mississippi denied immunity to a school district in a case involving the assault and battery of a student by a school bus driver.  The allegations state that the student “was sexually battered by her bus driver … numerous times to and from school for more than a month.”  The student alleged that the school district was negligent in hiring, training, supervising, and retaining the bus driver.  The lower court found that the school district “was entitled to discretionary-function immunity under the Mississippi Tort Claims Act.”  The lower court also held that educators “lacked notice of his abusive proclivities,”  such that “the bus driver’s criminal conduct was otherwise not reasonably foreseeable.”  The Mississippi Supreme Court reversed.  In denying immunity the Mississippi Supreme Court ruled that immunity applies to “those functions which by nature are policy decisions, whether made at the operational or planning level.”  The court held that “the specific choice to hire (the bus driver) and the choices the District made regarding his training, retention, and supervision, do not involve policy considerations.”  As to foreseeability, the court stated that the rule is that “a person of ordinary intelligence should have anticipated the dangers that his negligent act created for others.”  Therefore, the student’s injuries were foreseeable because “[t]he District had a system whereby each complaint was recorded and investigated, either by taking student statements or by reviewing the bus video tape.  The District’s own measures to screen and monitor its bus drivers arguably indicate that a person of ordinary intelligence could anticipate the failure to properly do so would lead to the type of injury sustained by the plaintiff here.” J.S. by & Through Segroves v. Ocean Springs School District

— In Minnesota, the legislature is planning a special session on gun control following the recent mass shooting at Annunciation Church and Catholic School.  The list of policies to be discussed includes expanding school safety funding to private schools, deploying police in all schools, increasing funding for mental health supports, and more rigorous sentencing guidelines for gun criminals.

— In Kansas, “[a]dministrators at Lawrence High School instituted mass bathroom closures to address behaviors like vaping and skipping class… Under the current LHS bathroom policy, all bathrooms are closed and locked during class periods, except for the gender-neutral stalls. Staff members are supposed to unlock the bathrooms at the start of passing periods and re-lock them when class resumes.”

— In Arizona, “Superintendent of Public Instruction Tom Horne said he would be requesting more money from the Legislature to expand the state’s School Safety Program, a grant program to help schools create safer learning environments.  Most of the program’s grant dollars are used to pay for police officers, counselors and social workers on campuses.”

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Safety Law News for August 22, 2025

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— In Texas, the United States District Court dismissed a lawsuit brought by a parent who was arrested for failing to comply with school policy on student drop-offs.  The incident occurred when a school resource officer (SRO) enforced the policy of the school of “closing the main drop-off point for students and requiring  parents (who) were running behind … to take their children to the school’s front entrance.”  One parent, arriving late, refused to comply when the SRO “raised her left hand up with her palm towards (the parent) and signaled with her index finger for (the parent) to make a ‘U’ motion … to turn around.”  The conflict quickly escalated when the parent continued to drive forward into the SRO, “causing the vehicle’s bumper guard to strike her left breast.”  The SRO eventually forced the stoppage of the vehicle, and with assistance from backup police and fire department officials, arrested the parent.  The court applied the law that a “police officer must have reasonable suspicion to justify (an) investigative stop, which requires the police officer to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion… “arrests are ‘seizures’ of ‘persons’ ” and, therefore, must be reasonable under the circumstances” to comply with the Fourth Amendment … A warrantless arrest is reasonable if the officer has ‘probable cause to believe that a criminal offense has been committed.”  The court dismissed with prejudice the claims of the parent, concluding that the SRO “did not violate (the parent’s) Fourth Amendment rights because (the SRO) had reasonable suspicion to temporarily detain (the parent) for violating the Texas Transportation Code, and probable cause to arrest her for felony aggravated assault on a public servant, as well as for violating the Texas Transportation Code.”  Lambert v. City of Onalaska, Texas, No. 9:23-CV-00067-MJT-CLS, 2025 WL 2369403 (E.D. Tex. June 9, 2025), report and recommendation adopted, No. 9:23-CV-00067-MJT, 2025 WL 2028086 (E.D. Tex. July 18, 2025)

— In West Virginia, the Kanawha County Schools are installing a school mapping system, designed to “standardize all schools floor plans, show access points, and emergency equipment to all emergency management services.  Officials believe that “it will enhance first responders’ situational awareness and improve response times during an emergency.”

— In New York, “the New York City Police Department is transferring oversight of its 3,600 school safety agents from the Community Affairs Bureau to the office of Chief of Department.”  It is “a move that comes as the department’s commissioner pushes for stricter repercussions for some teens convicted of serious crimes.”

— In Florida, school districts in the state are implementing drone technology to assist responders to school shootings.  “The drones, stored in secure boxes on campus, can be deployed within five seconds of silent panic buttons being activated. The devices—operated remotely by a team in Texas—provide constant live video feeds to first responders and, in some cases, fire nonlethal projectiles to delay or incapacitate an assailant.”  The Leon County Schools District Security Center in Tallahassee and the AcadeMir Preparatory High School in Miami-Dade County are involved in the pilot project to fine-tune the resource for use in state schools.

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Safety Law News for August 18, 2025

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— In New Mexico, the New Mexico Court of Appeals affirmed the finding of liability against a school district that failed to follow its own procedures for maintaining a safe learning environment.  The record contains the facts that the parent of the injured student “spoke with (the school administrator) about concerns she had regarding (another student) who was …making threats online against (her child).”  The administrator “believed her concerns lacked merit because she did not have first-hand evidence of the threats.”  It was significant that “that same week, one of (the victim’s) teachers reported to (the school administrator) that two other sixth-grade students had informed her that (the bully) was threatening to fight (the victim).”  Even so, however, “(the school administrator) did not investigate the reported threats as required by the Academy’s own policies.”  Then “three days (later), (the bully) slammed (the victim’s) head against a cafeteria table three times. (The victim) suffered a traumatic brain injury.”  At trial, the district court denied immunity for the school district, “and awarded (the victim) $400,000—the maximum allowed under (state law)—for (the victim’s) past and future pain and suffering, mental and emotional distress, and loss of enjoyment of life.”  The appellate court affirmed liability on the issue immunity.  The germane rule of law is that the waiver of immunity in school safety litigation “extends to negligence arising from the failure to follow protocols and procedures that gives rise to a dangerous condition … government entities that engage in an act of negligent operation by failing to follow their own protocols and procedures may be subject to negligence claims.”  Therefore, the affirmance of liability was required under law because the “failure (of the school) to follow the school violence prevention policy created an unsafe condition for its students.”  Duran v. Board of Education of Pojoaque Valley School District

— In Illinois, the legislature has enacted Senate Bill 2057.  It “requires the State Board of Education to provide school districts with standards for a school district’s threat assessment procedures.”  The hope is that the standards will “guide school districts, private schools, and first responders on how to develop threat assessment procedures, rapid entry response plans, and cardiac emergency response plans…The law also gives guidance for school districts notifying parents and the community of threats against a school.”

— In Florida, officials in Port St. Lucie are upgrading security for school sponsored sporting events.  “The district said it plans to use metal detectors periodically at athletic events…Late guests past the kick-off of the third quarter of a football game will not be allowed in.  Bags must be no larger than a hand.

— In Texas, the Texas School Safety Center is implementing a video-based program “to educate students and parents about the serious consequences of making or sharing threats.”  The “Threats are No Joke,” instructional “includes a powerful PSA video and supporting resources for educators and parents to share the message, “Threats Are No Joke! Don’t do it. Don’t share it. Report it!””

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Safety Law News for August 14, 2025

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— In New York, the Supreme Court, Appellate Division affirmed the dismissal of a case brought by a teacher for injuries received while in the classroom.  The case arose when “a teacher at a middle school was assaulted by a student…After serving a timely notice of claim, (the teacher) and her husband…commenced this action against the defendants, City of New York and New York City Department of Education to recover damages for personal injuries.”  The appellate court agreed with the lower court that the teacher did not have a claim against her employer.  “Although a school district owes a special duty to the students themselves, that duty does not extend, as a general matter, to teachers, administrators, and other adults.”  The Appellate court ruled that  “there are three ways in which a special duty with a municipal defendant can be formed with such individuals: (1) when the municipality violates a statutory duty enacted for the benefit of a particular class of persons; (2) when it voluntarily assumes a duty that generates justifiable reliance by the person who benefits from the duty; or (3) when the municipality assumes positive direction and control in the face of a known, blatant and dangerous safety violation.”  The teacher “failed to allege existence of special duty owed her by department.”  Geltzer v. City of New York

— In Florida, officials in the Broward County Schools are implementing “wearable panic alarm badges for teachers and staff…These interactive badges, equipped with a single button, are designed to quickly alert administrators and first responders in the event of an emergency. Pressing the button three times triggers a staff alert, while pressing it eight times or more initiates a school-wide lockdown.”

— In Florida, officials in the Volusia County Schools are adding the gun detection platform ZeroEyes.  “It uses existing campus security cameras to detect possible weapons and alert staff and law enforcement in real time.”  Also, the Xtract One Gateway system is being deployed.  It is “a new metal detection technology designed to identify threats without slowing down the morning entrance process.”

— In Michigan, “the Dundee Police Department is holding a Cones With Cops”  with students.  “Kids ages kindergarten to eighth grade will receive free ice cream cones while Dundee police officers talk to them about the importance of school safety and reducing bullying in preparation for the new year.”

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Safety Law News for August 7, 2025

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— In Texas, the Court of Appeals of Texas affirmed a lower court ruling that did not allow a school district to terminate a teacher for use of force in the classroom toward a student.  The incident out of which the termination took place involved a teacher who “went into the classroom and encountered a young man he did not know.  The young man began to walk toward (the teacher), who was in the doorway.  (The teacher) asked the young man for identification, but the young man … refused to provide it.  (The teacher) did not allow the unidentified young man to leave the classroom.  Another CISD employee … also asked the young man for identification, but he refused (this) request as well.  (The teacher) sought help by sending two other students to the office to ask for help in the classroom.  (The teacher) also phoned the office and texted an assistant principal to get help.  Before help could arrive, the young man escalated the encounter and was being aggressive.  The young man grabbed (the teacher’s) upper arms in what (the teacher) described as an assault.  The young man aggressively shoved (the teacher) in an attempt to exit the classroom.  (The other employee) stepped aside, offering no help beyond what he had previously done in asking for the young man’s ID.  The situation developed in a matter of seconds, culminating in both (the teacher) and the young man falling in a prone position on the ground.  (The teacher) held the young man on the ground for approximately two minutes using the weight of his torso for control and using his left hand to pin the young man’s right hand.  The young man used his free hand to repeatedly punch (the teacher) in the face … The encounter ended when the school principal arrived and instructed (the teacher) to release the young man. (The teacher) did not use a chokehold on the young man.”  The school board determined that the teacher “did fail to maintain an appropriate professional educator-student relationship and boundary based on a reasonably prudent educator.”  The appellate court affirmed the ruling of the lower tribunal (Commissioner of Education) that “the use of force was necessary under the criteria set out in state law.”  The relevant law is that a “professional employee of a school district may not be subject to disciplinary proceedings for the employee’s use of physical force against a student to the extent justified … (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.”   Tex. Education Code 22.0512 and Tex. Penal Code § 9.62.  The appellate court ruled that the teacher “acted reasonably during the restraint because, from his perspective, he reasonably believed that the use of force was necessary to produce compliance with the command to produce ID and to fulfill the special purpose of keeping the campus safe from an unknown and aggressive individual.”  Crowley Independent School District v. Stoneham

— In Michigan, officials in Sturgis Public Schools are utilizing Raptor Technologies for visitor screening. Under the new procedure, “All first-time visitors to the building are required to have their state-issued identification scanned through the Raptor system. Once scanned, the visitor’s information is saved in the system for future visits. This scanning is done in the main office of each school building … After the visitor has been scanned and cleared to enter the building, a visitor badge will be printed. This badge should be placed in the upper chest area of the visitor’s shirt and must be worn at all times while inside the building … When the visitor’s visit is complete, they must return to the front office to turn in their badge. The front office staff will then sign the visitor out of the Raptor system.”

— In Texas, the Liberty Hill ISD has partnered with Raptor Technologies to implement a new panic alert system.  The system uses a Raptor Badge Alert which provides staff with the option to signal an alarm with a click of the badge.  “When a badge is activated, it transmits critical information—including the exact location and type of incident—directly to school administrators, security and first responders. The wearable device is valuable in situations such as student altercations, medical emergencies or campus-wide incidents like lockdowns.”

— In California, the Bernalillo Public Schools are implementing a clear backpack policy for grades 4 through 12.  “The decision comes as a response to incidents involving knives and Tasers, as well as a growing issue with drugs, including vaping, among students.”

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Safety Law News for August 6, 2025

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— In New Mexico, the Court of Appeals of New Mexico reversed the dismissal of a case involving the search of a student’s backpack.  The appellate court reversed the trial court because the search, conducted by a school resource officer, “presented an emergency situation in which it was objectively reasonable for him to conduct the search without first going to a judicial officer and obtaining a search warrant.”  The incident arose during the school day when the student “told at least two other students that he had the firearm in his backpack and showed them the weapon. Several students later informed one of the school’s assistant principals that Child had a firearm in his backpack.”   The assistant principal, in turn, notified one of the school resource officers (SROs).”  This officer “and two other SROs proceeded to the classroom—Child’s second class of the day—where Child was then located, apprehended Child, and brought him back to the school’s administrative office. While departing the classroom, (The SRO) picked up some of Child’s belongings that were on his desk, stuffed them in Child’s backpack, which was also near his desk, and took the backpack to the administrative office … At the administrative office, (the SRO) searched Child’s backpack without a warrant to “see if [Child] had a firearm.” (The SRO) did not open all of the backpack’s compartments but, while his hand was in one of them, felt the outline of a firearm resting in another pocket of the backpack. (The SRO), being then assured the firearm was secured, stopped searching and awaited the issuance of a search warrant.”  The trial court agreed with the student that the “initial warrantless intrusion into the bag was unconstitutional.”  The appellate court reversed:  “The circumstances confronting (the SRO) presented an emergency situation.”  “Exigency is determined by an objective reasonableness standard and is determined by whether a reasonable, well-trained officer would have made the judgment this officer made.”  “The very real dangers of deadly weapons on school grounds are obvious.”  “Given that Child had been detained in the middle of his classroom, in full view of other students, it was objectively reasonable for (the SRO) to seek to immediately confirm that he had in fact seized the firearm and that it was not then accessible—in some alternate location—to other students who could move, hide, or otherwise use it.”  State v. Maximillian H.

— In ­­­­Florida, the legislature amended a 2024 law that “required every door on school campuses to remain locked during the day. The mandate quickly raised concerns from educators and administrators. It effectively put many schools into constant lockdown mode, creating unnecessary complications with no specific threat present … Only exterior entry points must remain locked under the updated law.”

— In Michigan, the school safety hotline, OK2Say, is prompting a record number of tips.  “Michigan’s OK2Say school violence prevention program received a record 11,671 confidential tips in 2024, a 20% increase over 2023.”  School official say that “students are growing increasingly comfortable leaving tips via voicemail, texts, a website or a mobile phone app.”

— In Maryland, the Baltimore City Schools are installing new AI technology in schools to enhance campus safety.  Its new “Convergint’s STEP Up for Schools initiative” is designed to upgrade “security in underserved schools worldwide.”