— In Texas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents whose special needs child was seized by the neck, thrown to the floor, and held in a choke hold by a teacher. …
Tag: Texas
Safety Law News for November 30, 2021
— In Massachusetts, the Appeals Court of Massachusetts ruled that a student’s statement to a school administrator that he was going to kill his teacher was not protected speech under the First Amendment. In reversing the lower court, the appellate…
Safety Law News for July 2, 2021
— In Texas, the United States Court of Appeals ruled that a school resource officer was not liable for tasing a special education student who was trying to leave the school after engaging in disruptive behavior. The Court held that…
Safety Law News for May 24, 2021
— In Maryland, the Court of Special Appeals of Maryland reversed the dismissal of a lawsuit brought by a third-grade student who was injured when a classmate threw a chair which hit her in the neck. The court noted that…
Safety Law News for April 27, 2021
— In New York, the Supreme Court, Appellate Division denied the school’s motion for summary judgment in a case involving the sexual assault of a student by a fellow student. The court ruled that “schools have a duty to adequately…
Safety Law News for March 16, 2021
— In Pennsylvania, the United States Court of Appeals, Third Circuit, affirmed the dismissal of a lawsuit brought by parents whose special needs child was placed in handcuffs by a school resource officer. The court ruled that the parents needed…
Safety Law News for December 17, 2020
— In New Mexico, the Court of Appeals of New Mexico held that the statements of a student to an assistant principal about possessing a knife on school property were presumptively inadmissible in a delinquency proceeding. The statute, NMSA 1978,…
Safety Law News for September 14, 2020
In Texas, the United States District Court held that a special needs student who was injured on a school sponsored field trip could not bring a claim under the Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation…
Safety Law News for May 15, 2020
— In Texas, the United States District Court ruled that school officials were not immune from an assault claim bought by parents of a student who went to school in a haircut with a scalp design, which educators filled in…
Safety Law News for March 30, 2020
• In Texas, the Huffman ISD Board of Trustees approved the creation of the Huffman ISD Police Department, starting in the 2020-2021 school year. The Superintendent and the Board believe that creating a police department “will give us the opportunity…