Safety Law News for November 20, 2023

— In New York, the New York Supreme Court, Appellate Division affirmed the refusal of the trial court to dismiss a case in which a high school student committed suicide “a few days after the conclusion of his sophomore year of high school.”  Educators argued that, “they owed no duty to decedent because his suicide occurred off school premises and during summer vacation.” Both the trial court and the appellate court agreed that “tortfeasors may be held liable for the suicide of (a) person who, as the result of (the tortfeasors’) negligence, suffer(s) mental disturbance destroying the will to survive.”   The appellate court further stated that, “the duty that is relevant in this case is the duty of a school to provide its students with adequate supervision” while they are in the school’s physical custody and control.”  Educators “failed to eliminate triable issues of fact whether they breached their duty to provide adequate supervision.”  In particular, the Principal “acknowledged during his deposition that (the student) had reported to him on more than one occasion” (the student’s) experience with bullying.  Therefore, a jury would determine “whether the school’s negligence in failing to adequately address and safeguard against harassment and bullying directed at decedent at school caused decedent to suffer mental disturbance destroying his will to survive.”  Keri Spring v. Allegany-Limestone Central School District.

— In Tennessee, state officials and the Governor are considering expanding the budget for public education in order to provide mental health professionals in every school.  The Behavioral Health Liaisons would “serve as mental health professionals who can do everything from educating students about resources to doing direct interventions.”

— In North Carolina, officials in the Iredell County Sheriff’s Office are expanding the canine component of their school safety program by adding “a 2-year old English Labrador retriever, as the fifth canine in the school system.”  The canines all have “training that include(s) advanced obedience, building searches, tracking, article detection, narcotics detection and emotional support.” 

— In New Jersey, voters in Matawan-Aberdeen in Monmouth County and River Vale in Bergen County voted down a referendum “to add additional security to schools.”  Voters in Hillsborough in Somerset County and the School District of the Chathams in Morris County approved the proposals.  School districts all over the state of New Jersey submitted to their communities varying proposals to assist their efforts to maintain safe campuses.