— 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!””