Safety Law News for February 28, 2024

— In New Mexico, the Court of Appeals of New Mexico held that the actions of school officials leading up to the physical injury a student who returned to school after post-hip surgery fell within the waiver of immunity under state law.  The parent, “provided the school two separate doctor’s notes prohibiting his son from participating in any sports or physical education.”  Even so, “on (the student’s) first day back, his homeroom teacher allowed him to go outside during the recess break,” where he fell, sustaining “a serious injury to his recently operated-on hip.”   The appellate court ruled that the failure of the school “to follow school policy created a dangerous condition in the operation of the school and caused (the student’s) injury, and therefore… waived (school) immunity.”  The appellate court noted that, “a school simply cannot operate in a safe, reasonable, and prudent manner without affording, at the very least, the health and safety services that students have been promised, and upon which parents have relied.”  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Illinois, the Chicago Board of Education voted to remove police from its campuses.  “A new “holistic” plan for school safety…will replace the SRO program.”  “Police will only be allowed outside of school campuses,” supervising school opening and closing.

— In Massachusetts, the Governor rejected requests to deploy the National Guard to address school violence in the Brockton Public Schools.  The Brockton School Board “pleaded in a Feb. 15 letter for the Guard’s “expertise in crisis management and community support” until the district was able to put long-term solutions in place.”  The Governor said that “sending in the National Guard would be an inappropriate response.”

— In Maryland, legislation has been introduced that would require Baltimore City Schools Police officers to carry a firearm while on school property.  Officers with Baltimore City Schools Police have the same powers as city police officers, but are prohibited from carrying their firearms inside schools.  Senate Bill 819 would take away the prohibition.