Safety Law News for March 8, 2021

— In North Carolina, the Court of Appeals of North Carolina ruled that the use of profanity, by a parent whose car was being searched by police officers, was insufficient to support a conviction of disorderly conduct on school property and resisting a public officer in violation of state laws.  The search occurred when a dog alerted to the car on campus.  The court held that when a person “merely remonstrates” she does not violate the law absent evidence that her conduct caused a substantial interference with police activities or the operation of the school.  State v. Humphreys.

— In Washington State, the Supreme Court of Washington reversed the dismissal of a wrongful death claim brought on behalf of a student who was killed by a vehicle while on an off-campus walk with his physical education class.  The court ruled that schools have a duty “to anticipate dangers which may reasonably be anticipated, and to then take precautions to protect students from such dangers…[even] where the harm stems from an intervening act of a third person.”Applying this standard, the court ruled that material issues of fact existed concerning whether formal field trip policy applied and was followed, whether parental permission was required, and whether proper safeguards were taken.  Meyers v. Ferndale School District

— In Maine, officials from the Portland School District and the Portland Police Department are hearing from campus employees and parents on how to keep the schools safe after the 2020 decision by the Portland school board to remove school resource officers.

— In Maryland,  Maryland Governor Larry Hogan posted his personal opposition to pending legislation (HB 1089) that if enacted would remove all school resource officers from Maryland campuses.  “Every child deserves to be safe while getting an education. This extreme proposal would make our children less safe as they return to school.”