Safety Law News for February 8, 2023

— In Texas, the United States District Court ruled that school officials were not liable to a student whose injuries came at the hands of a sexually abusive teacher.  The court held that the legal standard for a Title IX claim requires, “evidence that (school officials) actually knew of the sexual abuse or of a substantial risk of sexual abuse.”  The court concluded that dismissal of the case of the student was proper because, “the evidence here does not support a finding that an official with authority to address the alleged discrimination and institute corrective measures had actual knowledge.”  Fallon Reagans v. Grapeland Independent School District.

— In Virginia, the Newport News Public School District conducted a school safety survey after a shooting at an elementary school.  The survey gathered input from faculty, staff, and community perspectives on desired safety measures. Based on the input, here are a few of the changes that have been made to address school safety related concerns: Civilian Response to Active Shooter Events (CRASE) training for all schools; increased monitoring of student Chromebooks; implementing the Raptor emergency management system; and increasing coverage of school resource officers and security officers.

— In Arkansas, the Bentonville School Board is weighing alternatives to the current zero tolerance policy for students caught with drugs on campus.  Under the proposed policy, “students caught with drugs at school could avoid expulsion if they complete a substance abuse program in addition to a 10-day suspension.”  The school district is experiencing “a sharp increase in the number of drug-related offenses among students.”

— In North Carolina, officials in the Surry County School District are asking the Surry County Board of commissioners to approve a plan to add additional school resource officers to float between their 11 elementary schools.  Some county commissioners expressed concern about securing funding to pay for the officers.  The district is also conducting a survey with the community on school climate to assess other needs.