Safety Law News for May 27, 2020

— In West Virginia, the Supreme Court of Appeals of West Virginia held that educators were not liable for injuries to a student.  The student, who injured his arm while wrestling with a classmate on the school soccer field, had left the high school building without authorization.  The court ruled that under the in loco parentis doctrine, schools have a special relationship with students entrusted to their care, which imposes upon them certain duties of reasonable supervision.  But, school officials did not owe a duty of supervision to the student once he left school building without authorization.  (Goodwin v. Board of Education of Fayette County).

— In South Carolina, the United States District Court, refused to dismiss an excessive force case brought against a school resource officer who, upon deciding to arrest a 16 year-old special needs student for disrupting the classroom, grabbed the student and the desk in which she was sitting, flipped them backward, and pulled her out of the desk.  The court ruled that using such force on a nonthreatening and nonviolent student to effect an arrest for a misdemeanor would be excessive.  The court ruled that clearly established law requires police to account for special considerations in school settings when conducting searches and seizures: the student’s age, sex, and nature of the infraction. (Murphy v. Fields)

— In Massachusetts,  school officials in Westford Public Schools, Lunenburg Public Schools, and Lowell Public Schools are focusing on social and emotional learning in the educational packets being distributed to students and families.  The curriculum includes a wide range of supports and programs that help students manage emotions, build relationships and face the challenges of the pandemic quarantine.

— In Missouri, school officials are voicing strong opinions to legislation affecting school safety.  Educators support Senate Bill 774 which would mandate the presence of armed “school protection officers” in every building during school hours.  However, a second proposal would extend the state’s concealed-carry law onto college and K-12 campuses as well as into bars, day care centers and courthouses.  A third new law would prohibit state and local law enforcement officers from assisting in the enforcement of federal gun laws.  See, Senate Bill 663, House Bill 1630, Senate Bill 700, Senate Bill 774, House Bill 1637, House Bill 575.