In New York, the Supreme Court, Appellate Division held that in determining whether educators breached the duty to protect students from injuries caused by the acts of fellow students, “it must be established that school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused the injury; that is, that the third-party acts could reasonably have been anticipated.” Because of this ruling the court ordered school officials to disclose to an injured student the reports of prior incidents to determine whether school officials had actual or constructive notice of conduct similar to the assault he experienced at the High School. (M.C. v. City of New York)
In Louisiana, the Court of Appeal of Louisiana held that the single fact that an autistic child’s special needs warranted a high level of supervision at school did not establish a claim for negligence when the student was seriously injured in a fall on stairs while at school. The court ruled that additional evidence was needed to show that school officials and the paraprofessional did something wrong, or that their actions or any condition of the stairs caused the child’s injuries. (Moore v. Choice Foundation)
In Texas, the United States District Court ruled that school resource officers were not to be considered a “school official” for purposes of resolving an excessive-force claim alleging Fourth Amendment violations. Courts interpret the law to preclude claims against educators for corporal punishment on students. But the court held that parents could bring the claim against a school resource officer who tased and handcuffed, a 17-year-old special-education student. (J.W. et al v. Katy Independent School District)
In Texas, the Governor signed into law several new school safety policies. Senate Bill 11, instructs school districts to implement multi-hazard emergency operation plans, requires certain training for school resource officers, ensures school district employees — including substitute teachers — are trained to respond to emergencies, and establishes threat assessment teams to help identify potentially dangerous students and determine the best ways to intervene before they become violent.