Safety Law News for August 26, 2024

— In New York, the Supreme Court, Appellate Division, refused to dismiss a case bought by parents of the child who “was sexually abused by a principal while a student.”  The pattern of abuse involved the administrator “repeatedly meeting alone with (student) behind closed doors for no articulated reason.”  The court ruled that “without actual or constructive notice of an individual’s criminal propensity, a school district may be held liable for an injury that is the reasonably foreseeable consequence of circumstances it created by its inaction.”  On this basis liability for negligent supervision, training, and negligent retention could be established upon the evidence that “the principal continued to call (the student) into his private office in the same manner at least 50 times over the next two years, without providing an explanation to plaintiff’s teachers and despite the fact that (the student) was not misbehaving in class, and sexually abused him there.”  Blanchard v. Moravia Central School District

In Alabama, the legislature is introducing a policy that will enhance campus safety in private schoolsSenate Bill 4 would authorize a sheriff and county commission, or chief of police and city council, to provide SROs to private schools so long as SROs are available to all public schools in the jurisdiction.

— In Washington State, officials in the Seattle Public Schools are spending $14.5 million to enhance school safety following gun violence that places its campuses at risk.  Included are funds for hiring “more mental health counselors and social workers including 42 new positions to work at 21 school based health centers.”  “The money will also be used to expand safe passageway programs that help students get to and from school safely, and create a resource fund for families most at risk for gun violence.”

— Nationally,  Alyssa’s Law, which mandates the installation of silent panic alarms in elementary and secondary schools, has been enacted in “New York, New Jersey, Florida, Tennessee, Texas and most recently Utah.” It is also proposed “nationally and in Nebraska, Arizona, Michigan and many other states.”  The goal of the policy is to immediately alert emergency agencies, including law enforcement “without alerting an intruder,” enabling a faster responses.