Safety Law News for July 21, 2022

— In New York, the Supreme Court, Appellate Division, held that, “where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, any lack of supervision is not a proximate cause of the injury.”  As a result, the dismissal of a case brought by a student injured on campus was affirmed.  The injury occurred when the student, while pretending to play basketball in the school’s entranceway, inadvertently slapped a glass panel of a wall-mounted display case instead of hitting the wall, causing the glass to shatter.  The court noted that while, “schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision,” unforeseeable and “sudden and spontaneous occurrence(s)” fall outside this duty. R. B. v. Sewanhaka Central High School District

— In Washington, D.C. the National Disability Rights Network (NDRN) sent a letter to federal agencies regarding the implementation of the Luke and Alex School Safety Act of 2022.  The Act is part of the recently enacted Bipartisan Safer Communities Act.  It directs the Department of Homeland Security (DHS) in coordination with the Secretary of Education (ED), Attorney General (AG) and Secretary of Health and Human Services (HHS) to establish a Federal Clearinghouse on School Safety Evidence-based Practices.  The Letter ask the federal agencies for a transparent and inclusive process for implementing their obligations under the Act.

— In Georgia, the Georgia Department of Education and the Georgia Emergency Management and Homeland Security Agency are using a federal grant to fund a new website to disseminate school safety resources and updated training to Georgia schools, community partners and the public.  Every public school in Georgia is required to have a school safety plan, and to conduct drills on that plan. Plans address school violence prevention training, mental health awareness, school security measures, partnerships with public safety officials, and are developed in coordination with local law enforcement and the local juvenile court system.

— In Texas, the Dallas Independent School District now requires clear or mesh backpacks for students.  School officials will distribute the backpacks before the start of the school year.  The district said the decision stems from recommendations made by the district’s safety and internal task forces as well as student and parent feedback gathered earlier this month.