Safety Law News for December 9, 2024

— In New York, the New York Supreme Court, Appellate Division reversed the dismissal of a lawsuit brought by parents of children who were injured by a fellow-student during rides on the school bus.  The case involved students from kindergarten through second grade who were victimized by a male student “who rode the bus with the (students), and included, inter alia, exposing himself to them, touching the genitals of one of the (students), asking one of the (students) to touch his genitals, and attempting to have sex with one of the (students), or rubbing his body against hers.”  The parents claimed that the school district “failed to protect students from the fellow student’s sexual misconduct” under a clearly established rule of law that “schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision (and a) school bus operator owes the very same duty to the students entrusted to its care and custody.”  The appellate court agreed, holding that liability depends on whether or not the school “had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated.”  The case could not be dismissed.  The claims of the parents were appropriate for a jury to determine whether school officials “had actual or constructive notice of fellow’s student’s prior misconduct.”  Porschia C. by Melissa A.C. v. Sodus Central School District

— In Alabama, the Scottsboro City Schools Board of Education has approved a series of upgrades to its campus safety policy.  The details are kept confidential, although “getting a resource officer in each school (is) our immediate concern.”  In addition, special attention is being given to “small safety measures that have been slacked on, including keeping classroom doors locked and teachers wearing the proper identification …(because) it’s the little things that can make a big difference when you are talking about the safety of our children.”

— In Texas, officials in the Boerne ISD are removing hallway doors leading to restrooms at one of its high schools “in an effort to cut down on vaping incidents.”  “Possession of a vaping device is prohibited by state law for those under the age of 21. Possession or use of any e-cigarette device is also prohibited in public schools by the Texas Education Code and the BISD Student Code of Conduct.”  “All stall doors inside the restrooms were left in place.”

— In Tennessee, the Shelby County Sheriff’s Office (SCSO) “wants to remind all parents and guardians that bringing firearms onto school property is illegal.”  According to a social media post by the Shelby County Sheriff’s Office, a fourth arrest this school year has been made in connection with firearms on campus “involving a parent.”  Tennessee’s concealed carry law allows most citizens to carry a loaded handgun without a permit, as long as they meet certain requirements.

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