Safety Law News for July 28, 2023

–  In Arkansas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents of a special needs child who was injured in school.  The visually impaired child was injured at various times while at school or on the playground.  The lawsuit was filed after she started experiencing staring-spell seizures.  The parents alleged discrimination on the basis of her vision disability by failing to provide appropriate safety accommodations in violation of Title II of the Americans with Disabilities Act (“ADA”) and Section 504(a) of the Rehabilitation Act.  The appellate court ruled that, “Section 504 requires something more than an incorrect evaluation, or a substantively faulty individualized education plan, in order for liability to exist, and it requires more than non-compliance with the IDEA statutory mandate to provide a free appropriate public education.”  The appellate court also ruled that, “(w)here alleged ADA and Section 504 violations are based on educational services for disabled children, the plaintiff must prove that school officials acted in bad faith or with gross misjudgment to recover damages.”     The case was dismissed because, “the (school) made consistent efforts to accommodate (the student’s) vision issues.”  The standard announced by the appellate court is that, “(s)o long as the state officials involved have exercised professional judgment, in such a way as not to depart grossly from accepted standards among educational professionals, we cannot believe that Congress intended to create liability under (the special education laws).”  Baker v. Bentonville School District

— In Oklahoma, school resource officers in the Oklahoma City Public Schools are receiving reality-based training involving scenarios and verbal de-escalation.  The goal is to teach skills in de-escalation, control, and self-protection.

— In Oregon, the Beaverton City Council has voted to keep police officers in schools.  The school district was supportive of renewing the contract with police.  The two-year contract “will be between the city of Beaverton, the district and other agencies, as they will divide the cost for the armed officers.”  The police officers will be called “youth services officers.”

— In Georgia, the U.S. Attorney’s Office for the Northern District of Georgia partnered with the Georgia Alliance for School Resource Officers and Educators, the Georgia Public Safety Training Center, and the Georgia Gang Investigators Association last week to provide an intensive law enforcement training, “G.R.E.A.T.” (Gang Resistance Education and Training), for more than 40 police officers from school systems in the Northern District of Georgia.