Safety Law News for July 9, 2019.

In Indiana, the Indiana Court of Appeals held that a school official’s failure to follow the Individualized Education Plan (IEP) of a special needs student does not constitute a legal defense for criminal conduct.  The court upheld the adjudication of a student for disorderly conduct and resisting law enforcement arising out of an on-campus disruption.  The court held that although the existence of the IEP and a review of the protocol is relevant to explaining a student’s behavior, its existence would not constitute a legal defense.  (J.C. v. State)

In Louisiana, the Court of Appeal of Louisiana held that educators have a duty to provide reasonable, competent supervision appropriate to the age of the students and the attendant circumstances.  The court reversed the ruling of the trial court in favor of the school in a case where a student was injured during recess while the teacher was using her cell phone instead of supervising the class.  It applied a three-part test for liability: (1) negligence in providing supervision; (2) a causal connection to the accident; and (3) that the risk of unreasonable injury was foreseeable, constructively or actually known, and preventable if a requisite degree of supervision had been exercised.  (Robinson v. St. John the Baptist Parish School Board)

In North Dakota, Bismark officials are celebrating the 44 years of success of the Police Youth Bureau.  The bureau, formed in 1975, is staffed by five civilians. A police lieutenant oversees it, and the six resource officers in Bismarck schools.  Juveniles are referred to the program by school resource officers instead of issuing a citation. It keeps kids out of the juvenile justice system.

In Oklahoma, school officials in Norman are implementing a “trauma-informed” school program.  The goal of the program is to recognize and respond to the signs of traumatic stress in children.  All employees are receiving training in trauma and resilience recognition, as well as suicide prevention.