Safety Law News for June 15, 2023

–  In New York, the Supreme Court, Appellate Division affirmed the refusal by the lower court  to dismiss a case brought by parents of a child who was injured during the school recess period.  The court, ruled that “(s)chools 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.” The affirmance reflects a continuing judicial shift toward fuller discovery and trial of student injury claims and away from presumptive dismissals.  Under prior case law, schools were the beneficiary of an element of the duty to supervise that supported dismissals, e.g., “schools are not to be held liable ‘for every thoughtless or careless act by which one pupil may injure another.”  Here, the court ruled that the deposition testimony of two teachers who supervised the students during recess, “failed to establish its prima facie entitlement to judgment as a matter of law.”  L. S. v. Massapequa Union Free Sch. District

— In Tennessee, the Nashville Police Department is working to fill its school resource officer positions for Nashville schools after roughly 30% of them remained unfilled at the end of the school year.  In Nashville, the SROs will be in addition to the existing safety and security department and campus support staff that helps during drills, and also aids teachers and staff who need help in emergency situations that pose a safety risk.

— In Texas, Decatur School District officials plan to continue its school resource officer program, even as it implements a program to allow teachers to carry guns in school.  The Guardian Plan, authorized by state law, allows certain authorized employees to carry a gun on campus.

— In Virginia, the Loudoun County School Board approved a new Memorandum of Understanding with the county’s sheriff’s office and the Leesburg Police Department.  The revised MOU changes how its school resource officers will assist educators in responding to campus sexual assault and domestic abuse investigations.