Safety Law News for August 23, 2021

— In Georgia, the Court of Appeals of Georgia ruled that sovereign immunity barred the claim of a student against educators in their official capacities for injuries received when food, kept at an excessive temperature in the school lunchroom, fell upon and burned the student. However, the court ruled that the educators could be liable in their personal capacity for the injuries to the student and refused to dismiss the case.  The court reasoned that sovereign immunity protects governments at all levels from unconsented-to legal actions.  Even so, educators are personally liable for ministerial acts negligently performed or acts performed with malice or an intent to injure.  Parr v. Cook County School District

— In Florida, the Florida State Attorney announced that criminal charges will not be sought against a school resource officer who was caught on surveillance video slamming a female student to ground.  The investigation concluded that the officer was trying to break up an incident between the girl and another student before taking the action.  This is consistent with the law of the use of force in schools that provides that increased force is justified when the conduct of the student escalates a tense situation, e.g., the responses of school officials (and school resource officers) are a reasonable attempt to protect the safety of others as well as the safety of the official.

— In Missouri, officials are reminding educators, parents, and students of the state-sponsored “Courage2Report” program.  The Courage2Report program allows anyone to either call, go online, or use their mobile app to report problems such as assault, bullying, weapons at the school, planned attacks, or sexual offenses and human trafficking.

— In Pennsylvania, Philadelphia officials are announcing policies to ensure students get to and from school safely after a summer of gun violence in which 137 victims under the age of 18 have been injured from gun violence this year. Thirty-two have been homicides.  Emphasis is being given to the neighborhood watch program Safe Corridors.  The program is a collaboration between the District, businesses and community members and aims to provide extra supervision for students traveling to and from school.  Another resource is the Out-of-School Time Program, which provides learning opportunities for students before and after school hours and is also offered during holidays and the summer.