Safety Law News for May 20, 2025

— In North Carolina, the United States District Court refused to dismiss a case involving allegations that school officials “took no action” after receiving notice of bullying and sexual abuse by a student.  The case arose “from student-on-student sexual abuse that allegedly occurred at a public elementary school.”  The parent of a victimized student filed a lawsuit alleging that despite reporting the misconduct, “the Board took no action, allowing the abuse to continue for several weeks.”  The lawsuit further alleges that eventually, the “school then implemented a safety plan, but (their child) continued to have contact with the (student causing the abuse).”  The rule of law that governs deliberate indifference school liability is based upon three elements that focuses on the inaction by school officials.  “The first element requires a plaintiff to show that a supervisor had knowledge of a subordinate’s conduct and that the conduct posed pervasive and unreasonable risk of constitutional injury to the plaintiff … “Establishing a ‘pervasive’ and ‘unreasonable’ risk of harm requires evidence that the conduct is widespread, or at least has been used on several different occasions and that the conduct engaged in by the subordinate poses an unreasonable risk of harm of constitutional injury…The second element, deliberate indifference, may be demonstrated by showing a supervisor’s continued inaction in the face of documented widespread abuses…The final element, causation, requires an affirmative causal link between a supervisor’s inaction and a plaintiff’s injuries.”  The court held that “(v)iewing the allegations in the light most favorable to plaintiffs, the (educators) showed deliberate indifference by not implementing a safety plan until (one moth later) after (the victimized student) suffered more abuse and had a breakdown. The court can also infer that (the victimized student’s) injuries continued when he continued to have contact with the offending student after the safety plan was implemented.”  Catherine Gulledge v. Cabarrus County Board of Education

— In Texas, officials in the Bishop Consolidated Independent School District are creating a police department to protect its schools.  The “school board passed a multi-layered school safety and security plan, creating the framework for the new department.”

— In Arkansas, officials in the Fayetteville Public Schools are deploying metal detectors at the entrances of the high school and middle schools.  “The system is designed to detect weapons, so students won’t have to take off backpacks or empty their pockets.”

— In Oklahoma, “Oklahoma Highway Patrol troopers are actively participating in the “Secure Oklahoma Schools” initiative, spending at least one hour weekly at local schools to enhance safety and build relationships with students and staff… Since its launch, troopers have made over 31,000 visits… The program is designed to deter violence and build relationships between troopers, students, and school staff.”