Safety Law News for September 1, 2022

— In Mississippi, the Court of Appeals of Mississippi reversed a ruling in favor of a student who was injured at school, playing tag as he waited on his school bus.  The court reversed the lower court because even though state law imposes on schools “a ministerial duty to use ordinary care and to take reasonable steps to minimize foreseeable risks to students thereby providing a safe school environment,…there was no a proximate causal connection between the inadequacy or lack of supervision and the accident.”  Proximate cause requires a finding that the negligence of a school be both the cause in fact and the legal cause of the injury to the student.  Here, the court reversed, declaring that “(the student’s) injury happened suddenly and accidently. Further, (the student’s) injury could not have been foreseen even if more supervision had been present.”  Simpson County School District v Wigley

— In Virginia, the General Assembly approved an additional $45 million over two fiscal years for school safety to pay for new school resource officers and school security officers.  The funding will support 185 positions across 182 schools, including 110 elementary schools, 24 middle schools and 31 high schools.  The top priority will be filling positions at middle and high schools.

— In Arkansas, the legislature enacted a grant program that provides $50 million for school safety.  The Arkansas School Safety Commission, whose report provided guidance for the legislation, will continue assessing school safety in the state.  The Arkansas Criminal Justice Institute and the Arkansas Department of Education will develop rules for the grant.

— In California, officials in the Oakland Unified School District remain resolved to exclude police from their campuses after the shooting of a 13-year-old by a 12-year-old student at a middle school.  Oakland City Councilmembers are divided on whether or not a police presence at schools is a good idea.