— In Pennsylvania, the Commonwealth Court of Pennsylvania, affirmed the denial of immunity for educators in a case involving a student-on-student assault. The lawsuit arose out of an incident in which “three minor students (two male, one female) …were enrolled in special education and required supervision by the District employees. During a physical education class, the two males pushed and pulled (the victim) behind the gym bleachers, into a bathroom, and sexually assaulted her.” The claims of the victim’s parents included a breach of the duty to supervise and protect and negligent infliction of emotional distress. Educators argued that the lawsuit should be dismissed on the grounds of immunity “because a third party, and not the District or its employees, committed the sexual abuse.” In affirming the lower court refusal to dismiss, the appellate court declared that child protection reforms in state law remove immunity “if two conditions are satisfied. First, the plaintiff’s damages would be recoverable under common law. Second, the plaintiff’s injury was caused by the negligent acts of the school district or an employee thereof acting within the scope of his office or duties with respect to one of the nine categories of exceptions.” The ninth category – the sexual abuse exception” – confirms the elimination of immunity “if the injuries to the plaintiff were caused by actions or omissions of the local agency which constitute negligence.” Based upon this precedent, the appellate court affirmed, holding that educators were neither “absolutely immune for the harm caused by third parties” nor immune unless “the District or its employee commit sexual abuse.” The legislative history of the Pennsylvania child protection reforms confirm that the legislature “intended to (1) hold public institutions accountable for enabling abusers to commit their crimes against children, and (2) expand a plaintiff’s right to sue to include such public institutions.” L.F.V. by Varano v. S. Philadelphia High School
— In Oregon, “the Salem-Keizer School District will become the first in Oregon to install weapons detectors at all six of its comprehensive high schools.” School officials say that “the district is likely to expand the technology to its middle schools as well.”
— In Wisconsin, officials from the Green Bay Public School District say that they are “enhancing safety protocols moving forward. It comes after a loaded gun was found inside a student’s backpack at Preble High last week. Students who contribute to what the district calls “unsafe acts”, such as fighting, assault, or possession/use of weapons, will face a multi-day suspension at a minimum, according to new protocols sent out on Thursday. They will also be suspended from athletic teams and activities and will be subject to a no-trespass order.”
— In California, the legislature has enrolled SB 848. Its provisions “would strengthen student safety in California by requiring schools to update their Comprehensive School Safety Plans with clear procedures for preventing, detecting, and addressing employee sexual misconduct. SB 848 also broadens mandated reporting requirements, enhances employee training, and revises relevant provisions in law to ensure stronger protections.”