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 supervise their students and are liable for foreseeable injuries proximately related to the absence of adequate supervision.”  By the school’s own testimony, there were “numerous instances” of failing to lock classroom doors, of allowing students to be alone in classrooms, as well as prior knowledge of incidents involving the assaulting student.  Doe v. Bronx Preparatory Charter School

— In California, a committee in the Berkeley Unified School District – made up of students, administrators, parents and other community members – recommended that the district expand the role of the SRO to include more mentorship responsibilities and consider adding additional hours to the role or a second SRO. Several committee members said they had not expected to expand the SRO’s responsibilities, but came to believe that the SRO has a positive impact at Berkeley schools.  In a survey of students and staff, no teachers and fewer than 6% of students found the SRO “hostile or mistrustful of kids.” The majority of people surveyed supported the SRO position, including 72% of Black students, 73% of Latino students, 77% of Asian students, and 62% of white students.

— In Texas, Senate Bill 534 has been introduced to create a version of qualified immunity for schools when they respond to protect students.  The legislation declares that a school district, charter school, or private school “is immune from liability for any damages resulting from any reasonable action taken by security personnel to maintain the safety of the school campus, including possession or use of a firearm.”  The Texas House of Representative has already passed its version of the policy in House Bill 1788.

— In Oklahoma, the Senate is considering a proposal to arm non-sworn school personnelHouse Bill 2588 would let local school boards decide if they wanted their school staff to be armed.  Currently, only security guards and school police officers have this authority.  The House of Representatives has approved the legislation.