Safety Law News for September 29, 2023

— In New York, the Supreme Court Appellate Division, affirmed the dismissal of a lawsuit filed by a student who claimed that he “was assaulted, harassed, and subjected to bullying by other students during an incident that occurred while (he) was attending an overnight school trip.”  The applicable rule is that, “(s)chools have a duty to adequately supervise the students in their care, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  The appellate court agreed with the trial court that when asserting a claim, the student must show “(a)ctual or constructive notice to the school of prior similar conduct,” that puts on notice the school that the misconduct is foreseeable.  The educators “had no actual or constructive notice of prior conduct by the students allegedly involved herein that was similar to the subject incident.”  Burdo v. Cold Spring Harbor Central School District

— In Kentucky, officials in Lincoln County are renewing efforts to deploy officers onto its school campuses after a threat caused the lockdown of a high school and a middle school.  They are discussing the possibility of “filling the state-wide SRO shortage by hiring active duty and retired National Guard and military personnel.”

— In Alabama, the Mobile County School Board is constrained in placing officers in all of its schools because it does not enough officers certified through the Alabama Peace Officer Standards.  Only three officers are trained.  Additional officers will be deployed “as they become available.”

— In Missouri, officials in the Grandview R-2 School District are considering arming teachers and administratorsState law provides that school boards can arm teachers and administrators on school property so they can respond to active shooter situations.  The community is being invited to a public hearing to share their views.