Safety Law News for July 3, 2023

— In New York, the Supreme Court, Appellate Division, refused to dismiss and imposed sanctions on school officials for “manifest violation of its discovery obligations,” in a lawsuit brought by a student injured when “while exiting the school building held up her hand to stop the door, two fingers on her right hand were caught, and the top portion of one of those fingers was severed.”  On the day after the incident, the school acknowledged the existence of “video evidence depicting the accident.”  The trial court directed the school to produce the surveillance video.  It was not produced for nearly two years and the school “did not offer any reason or explanation for their delay in producing the video recording.”  The appellate court held that, “by withholding the surveillance video until the (student) cross-moved for discovery sanctions, after the papers supporting and opposing the (school’s) summary judgment motion had already been served and filed, the (school) deprived the (student) of the opportunity to attempt to use the surveillance video to raise a triable issue of fact.”  C. K. v. City of New York.

— In Delaware, House Bill 201, passed by the General Assembly makes bringing a firearm onto a Safe School and Recreation Zone a felony.  The policy contains an exception for police officers, school constables, and active-duty military acting in an official capacity.

— In Tennessee, the state has launched applications for grant funding for school resource officers. The $140-million funding pool will provide $75,000 for each officer. Each SRO will need police certification plus 40 hours of SRO training and an additional 16 hours annually.

— In Ohio, the Talawanda school district is cutting school resource officers in all of its elementary schools at the start of the 2023 academic year.  The district decided to abolish the three positions following budget problems.