— In New York, the New York Supreme Court, Appellate Division, refused to dismiss a case brought against educators when a former student was allegedly sexually abused by teacher while attending an elementary school some years ago. The case involves the issue of whether the school could be held liable under theories of negligent retention and negligent supervision of the teacher. The court applied two rules germane to resolving the dispute. First, a school “owes a duty to adequately supervise the students in its care, and school may be held liable for foreseeable injuries proximately related to the absence of adequate supervision.” Second, the standard for determining whether a school has breached its duty to adequately supervise the students in its care is “to compare the school’s supervision and protection to that of a parent of ordinary prudence placed in the same situation and armed with the same information.” Dismissal was inappropriate because evidence failed to “demonstrate that either the teacher or the (student) received adequate supervision, particularly in light of the fact that the classroom was devoted to special needs students and was physically separated from the main school building.” Essential to this outcome is a shift in immunity law by New York policy makers. The New York Child Victims Act, CPLR 214-g, allows survivors of child sexual abuse to file civil lawsuits, even if the statute of limitations for those claims had previously expired. Because of this the New York Child Victims Act enables victims to seek justice against their abusers and those who may have been negligent or complicit in the abuse. L. S. v. Roosevelt Union Free School District
— In Texas, the legislature is considering a shift in school discipline rules. House Bill 6 will give schools more flexibility in handling disruptive behavior. “The bill would allow administrators to suspend students for ‘repeated and significant’ classroom disruptions or for actions that endanger the safety of others, requiring those students to remain out of school during the suspension period.”
— In Pennsylvania, the legislature is considering Senate Bill 246 which requires that parents and school staff are promptly notified when a weapon is discovered on school grounds or during school activities.
— In West Virginia, enacted House Bill 2802 that encourages law-enforcement officers to spend time in public schools to meet training hours requirements. “The bill states that as part of the 16 hours of annual training officers have to go through to be able to do their jobs more efficiently, law enforcement officers can get some of those requirements taken care of by spending time in the schools doing work that insures school safety so it is treated as part of their regular training hours.”