Safety Law News for September 17, 2021

— In Kansas, the United States District Court ruled that school officials were not immune from a lawsuit brought by a student who was assaulted on campus by a fellow student.  The court viewed the case as one where the “[student’s] actions, and [educators’] awareness of them, are critical.”  Here, the court found that, “[i]t is undisputed that [the student] had a long history of behavioral issues and disciplinary action.”  As such, the court held that under state law, “schools do have a duty to properly supervise students and to take reasonable steps to protect their safety while on school premises…[which] is more demanding than the duties higher education institutions owe to their adult students.”  J.L. v. Royal Valley U.S.D. 337

— In California, school officials in the Pajaro Valley Unified School District are overruling a prior decision to remove school resource officers from their schools.  The school board voted to reinstate the SRO program.  The shift was in direct response to a late-night special meeting with parents after the stabbing death of a student on campus

— New York, the Buffalo Public School District is implementing a “High-Risk Youth Team.”  The program is an interagency intervention program for teenagers who are considered at risk of being directly impacted by gun violence in the City of Buffalo.  The Erie County District Attorney,  Buffalo Police Department, the Erie County Restorative Justice agency, and the SNUG Neighborhood Violence Prevention Project will together deliver services based on the individual needs of each participant, which may include restorative justice, mental health services, street outreach, trauma informed care, educational services, mentorship, and job readiness assistance.

— In Colorado, the Denver Public Schools have been granted authority by the City Attorney and City Department of Public Safety to issue disciplinary citations to students for campus misconduct.  Although, the school board has eliminated the school resource officer program, the educators wish to allow its civilian patrol officers to respond  “to significant safety threats.”