Safety Law News for February 1, 2024

— In New Mexico, the Court of Appeals of New Mexico, reversed the lower court’s grant of immunity to school officials who allowed a student who returned to school after orthopedic surgery to participate in recess activities, contrary both to school policy and the physician’s orders for the rehabilitation and safety of the student.  A total breakdown of communication from school nurse, homeroom teacher, class teachers, and recess duty teachers resulted in the student suffering serious injury.  The appellate court held that educators had “the responsibility to ensure that all school faculty interacting with the (the student) were aware of his physical limitations.”  The state immunity law did not protect schools from “bodily injury … caused by the negligence.”  Therefore, the appellate court ruled that, “the operational failure to follow school policies and procedures by not keeping (the student) inside and failing to inform all relevant parties of his physical limitations,” waived immunity from a lawsuit.  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Virginia, the legislature is considering a school safety policy that would require school resource officers to perform periodic bathroom checks.  The legislation is in response to an incident in which a 6-year-old was sexually assaulted in a school bathroom during an after-school program.  House Bill 1528 will require the police to perform “diligence checks” every 30 minutes “looking out for drug use, sex abuse, everything.”

— In Idaho, the Idaho House of Representatives passed legislation that would allow “any public school employee with an “enhanced” concealed weapons permit to carry a gun in hallways, classes and lunchrooms across the state. “House Bill 415 would require teachers or other employees who want to carry guns to notify their principal, but it does not require them to notify their local school board or students and parents. The Idaho Association of School Resource Officers and the Boise School District opposed the bill, as did other districts and teachers unions.”

— In North Carolina, a Report by the North Carolina Department of Education shows that incidents of criminal activity is rising.  According to the Report, incidents are 38% above pre-pandemic levels.  “Students have reported a rise in mental health issues that are blamed for the increases in bad behavior in schools.”