Safety Law News for January 13, 2023

— In New York, the United States District Court, refused to dismiss a teacher’s lawsuit against a school district for a hostile work environment and retaliation.  The teacher constantly reported threats and derogatory comments on basis of teacher’s Jewish religion and white race from a fourth-grade student.  The court ruled that Title VII of the Civil Rights Act as well as provisions of New York law precluded dismissal of the teacher’s lawsuit.  “The question of whether school officials took appropriate remedial action is a question of fact, not law…If harassment continues after complaints are made, reasonable jurors may disagree about whether an employer’s response was adequate.”  Ringel v. New York City Department of Education, 19CV2374DGTAM, 2022 WL 17495081 (EDNY 2022)

— In Virginia, officials in the Albemarle County Public Schools are now considering the return of police on their campuses.  The school board previously eliminated police and replaced them with civilian non-sworn student safety coaches.  Now educators are reporting that “the safety coaches have not been satisfactory for some parents who point to social media posts saying that things have ‘gotten out of hand,’ especially at the high school level.”

— In Oregon, in the wake of a surge in shootings outside Portland high schools, more than a dozen education, civic and public safety leaders are discussing new policies to protect students.  The superintendent wants to see increased police presence around all district schools.  The school board removed police from all schools in June of 2020. 

— Nationally, data released by the U.S. Department of Education’s National Center for Education Statistics, reveals that only 24% of public schools feel ‘very prepared’ for active shooters on campus.  Schools experienced 302 school shootings in 2022, compared to 250 in 2021.