Safety Law News for July 16, 2024

— In Massachusetts, the United States District Court refused to apply immunity to educators in a case brought by parents of a child who committed suicide after relentless bullying by fellow students.  The court refused to dismiss claims based upon (1) an unconstitutional policy to “intentionally downgrade and misclassify bullying incidents,” (2) severe and pervasive racial harassment in violation of Title VI, (3) wrongful death, (4) retaliation in violation of the Frist Amendment when the student was “suspended multiple times in retaliation for reporting incidents of bullying.”  The court ruled that under Massachusetts law immunity does not apply because of the school’s “ineffective implementation of the Safety and Supervision Plan.”  The court noted that, “the Safety and Supervision Plan was an explicit agreement between (the student, parents, and the school) with the specific aim of securing her physical and emotional safety at school. As alleged, (the school) thereafter failed to secure (the student’s) physical and emotional safety, causing her to suffer a cumulative psychological toll…Ultimately, (the school’s) inability to protect (the student) drove her to stop attending…which compounded her psychological harm, leading to her suicide.”  Finally, as to the legal duty, the court held that, “under Massachusetts law, a public school owes a duty of reasonable care to a minor child when the school has actual knowledge of a previous suicide attempt, or when the student has stated plans or intentions to commit suicide of which the school has actual knowledge; in these circumstances a second suicide attempt is foreseeable.”  Doe v. City of Northampton

— In Tennessee, the legislature has enacted a new policy on teacher safety in Senate Bill 1943.  Under the policy, all public and charter schools are required to pay employees their full salary or average pay and full benefits if they were physically assaulted on the job and unable to work as a result. There were 1,918 cases of assault and 71 cases of aggravated assault against teachers and staff during the 2022-23 school year, according to the 2024 Tennessee Safe Schools Report.

— In Iowa, the legislature approved House File 2586 which adds legal protections for armed staff in schools.  Under its provisions, the law “provides qualified immunity from criminal or civil liability for all damages incurred pursuant to the application of reasonable force.”

— In North Carolina, officials in the Iredell-Statesville Schools are adding additional resources and training to address suicide prevention.  “From the use of anonymous reporting apps to monitoring students’ search histories to providing counseling for students and their families, the district has invested significant resources to identifying at-risk students and getting them help.”