Safety Law News for November 22, 2024

— In Georgia, the Court of Appeals of Georgia ruled that a teacher/high school basketball coach, who was charged with second degree murder after a student died during practice, was not entitled to immunity from criminal prosecution under Georgia School Safety Act.  The incident involved a conditioning drill which “required the students to complete a number of drills, including stretching, running a mile, planks, and running up and down the bleacher stairs.”  “During the last exercise, which involved running up and down the bleacher steps, (the student) collapsed and ultimately died.”   The coach was “indicted for second-degree murder, cruelty to children in the second degree, involuntary manslaughter, and reckless conduct.”  The educator asserted immunity under Georgia law (the Georgia School Safety Act) that provides, “an educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith.”  The court denied immunity.   The court ruled that, “(t)here is no dispute that in conducting the basketball session, (the coach) was discharging her duties in educating students and retained broad judgment in planning the safe conduct of the session and in deciding whether any safety hazards existed…. however, there is no indication that (the coach) took any actions to impose order or control over the students; rather, (the coach) was engaged in managing and supervising the students through her presence as a coach during a routine training session at the time of (the student’s) death.  If we adopted the position advocated by (the coach), the immunity afforded under (the Georgia School Safety Act) would essentially extend to any act of an educator in the course of performing his or her professional duties — an interpretation we find is broader than the language the General Assembly has adopted.”  Asekere v. State

In Pennsylvania, school officials, the teacher’s union, and parents in Philadelphia are raising the alarm on school district policies after a middle school student stabbed two teachers’ aides.  At issue how the student got pass the metal detector, in use at the school.  The teacher’s union asserts that the incident is “due to really an epic administrative failure.”  “There was no lockdown announcement immediately made, but a paraprofessional… went door-to-door to tell teachers to lock their doors” while the student was in the building after the stabbings.

— In Florida, the State Board of Education approved new state-wide standards that require “school districts to make available a training for parents and guardians on the state app FortifyFL, including the consequences for making a threat or false report.”  The Board also announced its intention to “monitor school districts and public schools for compliance with school safety requirements.”

— In Oregon, local agencies in Redmond “renewed their dedication to the Safe Schools Alliance, a partnership between schools, law enforcement, and public health agencies focused on enhancing safety measures in the face of threats or violence. The 26-year-old alliance remains a vital resource for fostering a secure learning environment.”

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