Safety Law News for November 3, 2022

— In Oklahoma, the United States District Court held that because of the special relationship between a school and its students, a lawsuit against a school district could proceed.  The students alleged that school officials failed to properly investigate and report a pattern of sexually inappropriate behavior by an employee.  Traditional immunity from suit did not apply because under Oklahoma law, “policy level or planning decisions are considered discretionary and hence immune, whereas operational level decisions made in the performance of the policy are considered ministerial and not exempt from liability.”  Based on these immunity reforms the court concluded that, “(t)he choices inherent in hiring, retaining, and supervising a particular [employee] are not policy choices our legislature intended to immunize…government employees have a duty to execute the policy on the operational level without negligence.”  When applying this to the school environment, the court stated, “(t)he highest duty of a public education entity is to ensure the safety and well-being of students attending school.”  Doe v. Oologah-Talala Independent Sch. District No. 4 of Rogers County

— In North Carolina, the North Carolina legislature has earmarked additional funding in the budget for schools to hire and pay school resource officers.  North Carolina will receive more than $74.1 million in school safety grants.  Low-income districts can apply for a grant that gives it $4 for every $1 spent in non-state funds for a police officer.

— In Missouri, parents in St. Louis are asking questions about the efficiency of the school safety plan after a deadly school shooting at a high school.  Security officers assigned to schools in the St. Louis Public School District are not armed.  The shooter, who killed two people and wounded several others, was flagged by an FBI background check but was still able to purchase the AR-15-style rifle he used in the attack.

— In Texas, the Marble Falls ISD Board of Trustees have approved an expanded interlocal school safety MOU to add the city of Granite Shoals to the school resource officer program.  There are currently two SRO officers in the program. The approval expands the number to five.