Safety Law News for May 24, 2021

— In Maryland, the Court of Special Appeals of Maryland reversed the dismissal of a lawsuit brought by a third-grade student who was injured when a classmate threw a chair which hit her in the neck.  The court noted that a school “has a duty to exercise reasonable care to protect a pupil from harm,” but an injured student must show a breach of that duty “proximately caused the injury.” Because the facts showed that the teacher was outside the classroom talking to another teacher, “the question for the factfinder is whether she could have done more to protect [the student].”  Hodge v. Baltimore City Board of School Commissioners

— In Indiana, the Monroe County Community School Board voted to approve a policy change to disarm its school resource officers.  The board believes that eliminating carry permissions for SROs while on school property will give students greater comfort.

— In California, school officials in the Fremont Unified School District reversed its decision to eliminate the School Resource Officer Program.  It voted to fully reinstate and fund the program.  The reversal is in response to parents who disagreed with the prior decision, making it clear to the school board that police officers on campus make them feel their kids are safe.

— In Texas, qualified immunity for school safety officers is being proposed by the legislature.  HB 1788 would give immunity to any school, as well as school safety personnel, for “reasonable action taken by the security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.”