School Safety Law Blog

In New York,  the Court of Appeal held that a student who was assaulted on campus is entitled to records of all assaults that occurred on school grounds to help her case.  The court reasoned that in determining whether the duty of a school to provide a safe campus  is breached in the context of injuries caused by the acts of fellow students, it must be established that school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the student misconduct could reasonably have been anticipated.  (M.C. v. City of New York)

In Louisiana, the Louisiana Court of Appeal held that a school was liable for an older student’s actions when he sexually abused a younger student on a school bus.  The evidence showed that school officials were aware of the recurring behavior of the student, but did not intervene properly and did not follow their policy of reporting the incidents to police or child protection agencies.  The court ruled that the school board had a duty to protect its students and that liability is appropriate when the risk of injury is foreseeable and preventable if a requisite degree of supervision had been exercised.  (Pike v. Calcasieu Parish School Board)

In New York, the New York Supreme Court held that a school was not liable for the death of a student after he was struck by a train in an apparent suicide.  Parents for the victim alleged that the school district was indifferent to bullying and harassment from other students.  The court disagreed because the death occurred after school hours and off school premises, the school district did not have control over the victim, and school officials were not on notice of the possibility of the suicide nor were under a distinct duty to guard against it.  (Collazo v. Hicksville Union Free School District)

.• In Missouri, officials from the Ferguson-Florissant School District are implementing a policy that will require students to transport books, binders, and calculators into clear backpacks as part of an attempt to eliminate the weapons that have ended up on their campuses.

In Nebraska,  school resource officers in Omaha are receiving training on how to deal with combat-type injuries including how to pack wounds, using a tourniquet and maintaining a person’s airway.  The goal is to equip officers with skills that go beyond basic CPR in the event of an active shooting incident.

In California., officials in San Benito County are receiving positive feedback on the school resource officer program.  Educators, support staff, and parents are reporting that having school resource officers on campus improve overall relationships.

In Mississippi, school resource offices in the City of Petal are receiving Crisis Intervention Team training.  The CIT training is helping to implement a pre-arrest diversion program for individuals that are living with mental illness. The course teaches how to safely deescalate incidents and connect individuals to treatment rather than arrest.

In Massachusetts, all school-based law enforcement officers in Springfield schools will be required to receive training by the National Association of School Resource Officers.

In Missouri, the United States Court of Appeals for the Eighth Circuit held that the handcuffing by a police officer of an out-of-control seven-year-old boy in the second grade was not an excessive use of force.  The court ruled that the boy’s attempts to flee from the officer posed a safety risk to himself.  And the officer did not violate the student’s right to be free from unreasonable seizure and excessive force by leaving him handcuffed for 15 minutes until his father arrived.  (K.W.P. v. Kansas City Public Schools)

In Texas, the Texas Court of Appeals ruled that a school resource officer acted in good faith and did not engage in an excessive use of force in discharging pepper spray during an altercation at a high school soccer game.  The court held that the good faith standard does not penalize an officer for the need to make a split-second decision to protect himself and the public.  A reasonable officer could have believed using pepper spray under the circumstances was warranted after verbal commands and physically separating the athletes was no longer effective.  (Hernandez v. Blackburn)

In Kentucky, the United States District Court held that a school district may be liable for the criminal actions of its employees when school policy empowers the illegal conduct.  The lawsuits arise out of two cases, involving the same employee, who confiscated student cell phones, searched the phones, found nude photographs, transferred them from the phones, and uploaded them to the Internet.  The court refused to dismiss both cases, ruling that the cases raise the question of whether school policies, training, and supervision make the district vicariously liable to the students. (Malott v. LaRue County School District)  (Bussell v. Elizabethtown Independent School District)

In West Virginia, the Wayne County Sheriff’s Department and the Wayne County Board of Education are bringing back resource officers for Wayne, Tolsia and Spring Valley schools after school officials said response times weren’t up to par to what they should be.

In North Carolina, the State Superintendent of Education announced that it will provide a statewide Say Something Anonymous Reporting System in the 2019-20 school year. The Say Something program is a school safety app designed to teach students, educators, and administrators how to recognize the signs and signals of those who may be at risk of hurting themselves or others and to anonymously report this information.

In Indiana, the Indiana Court of Appeals held that a school official’s failure to follow the Individualized Education Plan (IEP) of a special needs student does not constitute a legal defense for criminal conduct.  The court upheld the adjudication of a student for disorderly conduct and resisting law enforcement arising out of an on-campus disruption.  The court held that although the existence of the IEP and a review of the protocol is relevant to explaining a student’s behavior, its existence would not constitute a legal defense.  (J.C. v. State)

In Louisiana, the Court of Appeal of Louisiana held that educators have a duty to provide reasonable, competent supervision appropriate to the age of the students and the attendant circumstances.  The court reversed the ruling of the trial court in favor of the school in a case where a student was injured during recess while the teacher was using her cell phone instead of supervising the class.  It applied a three-part test for liability: (1) negligence in providing supervision; (2) a causal connection to the accident; and (3) that the risk of unreasonable injury was foreseeable, constructively or actually known, and preventable if a requisite degree of supervision had been exercised.  (Robinson v. St. John the Baptist Parish School Board)

In North Dakota, Bismark officials are celebrating the 44 years of success of the Police Youth Bureau.  The bureau, formed in 1975, is staffed by five civilians. A police lieutenant oversees it, and the six resource officers in Bismarck schools.  Juveniles are referred to the program by school resource officers instead of issuing a citation. It keeps kids out of the juvenile justice system.

In Oklahoma, school officials in Norman are implementing a “trauma-informed” school program.  The goal of the program is to recognize and respond to the signs of traumatic stress in children.  All employees are receiving training in trauma and resilience recognition, as well as suicide prevention.