Safety Law News for January 9, 2023

— In Ohio, the Supreme Court of Ohio resolved a split among the lower courts on school immunity to hold that schools are not immune for injuries “caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function.”  This language, taken from the provisions of the state immunity law, was held to defeat immunity of a school that failed to have a fire extinguisher or other safety equipment in a classroom.  Two students were severely burned after a bottle of isopropyl alcohol caught fire and exploded in a science class.  The Supreme Court of Ohio affirmed the trial court’s denial of the school’s motion to dismiss.  Doe v Greenville City Schools

— In Maryland, officials in St. Mary’s County are expanding the school resource officer program into the elementary schools.  The new officer will patrol the 19 public elementary schools on a rotating basis.  The Sheriff’s Office also intends to continue its Adopt-A-School program, where deputies volunteer to check on a specific elementary school during their regular duties.

— In Pennsylvania, the Mahanoy Area School District is creating its own school police department.  The Mahanoy Area School District Police Department will be a dedicated police unit that serves all law enforcement needs in the school district on a full-time basis.  This will resolve campus safety issues that were caused by staffing shortages in the Mahanoy City Police Department, which resulted in schools lacking a police presence on certain days.

— In New York, the  Rochester Board of Education are bringing back police to its campuses after another shooting on a high school campus.  The officers, from the Rochester Police Department, will only monitor school arrivals and dismissals.  The school board is reluctant to reinstate the full school resource officer program after terminating it in 2020. 

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