Safety Law News for January 24, 2024

— In Alabama, the Supreme Court of Alabama ruled that a school district was protected from liability by state-agent immunity after a substitute teacher was attacked by students while she was working in the classroom used for students in the alternative-learning program, students in the in-school-suspension program, and students whose possible disciplinary violations school officials had not yet had the opportunity to address discipline.  The court noted that a state agent “shall be immune if his or her conduct involved… exercising his or her judgment in the discharge of duties imposed by statute, rule, or regulation in … educating students.”  The court clarified the main issue, namely that, “(e)ducating students includes not only classroom teaching, but also supervising and educating students in all aspects of the educational process.”  The court held that the immunity of school officials can only be abrogated in circumstances in which “the State agent acted willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.”  Here, the court ruled, the teacher had not shown that the school, “acted beyond their authority by not following established policies and procedures” and so the rules of immunity would apply.  Ex parte Louie

— In Texas, officials in the Midway ISD plan to create its own police force to increase school safety.  “There could be two school resource officers at the district’s high school and one at each middle school, along with a police chief.”  This will solve the problem of identifying and retaining officers through the local police department and allows the schools to focus upon “a rise in students vaping at school.”

— In Washington State officials in King County are implementing a ‘Safer Schools Strategy’ to upgrade their crisis plan after a 2022 tragic shooting at a high school.  The main features comply with longstanding provisions of state law: “notifying the schools when a student is charged with a felony involving a firearm in the community…providing information about court conditions that the student might be on… making sure the school has a way to reach the probation officer.”

— In North Carolina, the Charlotte-Mecklenburg School board approved a policy to provide Narcan to every school. “State health data shows less than 20 percent of overdose deaths happen in people younger than 25, but CMS leaders reported…that nearly 720 incidents in which students were caught with controlled substances during the 2022-23 school year.”  “School nurses, school resource officers, and other staff members in every school will receive training on how to administer Narcan.”