School safety law news, recent school news, updated resources, and training.
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Oct. 31, 2023

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From the desk of Joey Melvin

School Law News

  • In California, the California Court of Appeal denied immunity to a school district for injuries to a student who made her way to school by other means when the school bus “had not arrived for 40 minutes after the scheduled time.” The student “got picked up from the bus stop by a friend whom she had texted. During their ride to school, the friend's car was hit head-on by another driver, causing (the student) to suffer fatal injuries.”  The court reversed the dismissal of the lawsuit by the trial court.  First, although California law declares schools are immune when students are not on school property (Cal. Educ. Code § 44808), “once a school district undertakes to provide transportation for its pupils, it has a duty to exercise reasonable care under the circumstances.”  The appellate court ruled that this exception to the off-campus immunity statute requires reversal, allowing the case to proceed.  Brinsmead v. Elk Grove Unified School District

     

  • In Georgia, the Lieutenant Governor proposes paying teachers “who hold a firearms training certificate an annual stipend.”  He wants to pay teachers $10,000 a year to encourage them to carry guns in schools.

     

  • In Pennsylvania, the Senate Education Committee approved legislation that would mandate a “trained, armed school police, school resource or school security officer to be in every school building during school hours.” A state-wide poll “found 69 percent of voters favor requiring school districts to put an armed officer in every school. Additionally, 73 percent say they believe it would make schools safer.”

     

  • In Colorado, the MOU between the Denver schools and the police department “outlines what the officers should and should not do.”  As one of the conditions for the officers returning to the schools, the agreement specifies that “officers should differentiate between disciplinary issues and crime problems and respond appropriately, and should not store guns inside schools.”

     

Source-Dr. Bernie James                                 schoolsafetylawblog.com

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Recent News

Oxford school shooting review finds administrators failed ‘in certain critical areas’

Updated: Oct. 31, 2023, 9:41 a.m.

By Gus Burns | fburns@mlive.com

Oxford High School

OXFORD, MI -- Nearly two years after the Nov. 30, 2021 Oxford High school shooting that led to the deaths of four students, a third-party analysis claims staff and administrators failed in “certain critical areas.”

“Although only the shooter is guilty of murder and assault, and his parents will be tried for their alleged gross negligence with respect to their son, the district was responsible for keeping Madisyn, Tate, Justin, Hana and all of the other OHS survivors and students safe and secure ... but failed to do so,” said the 572-page report that was released Monday evening. “While we did not find intention, or callousness, or wanton indifference, we did find failure and responsibility by omission. In short, responsibility too often was denied and shifted elsewhere.

Download Full Report here

Lawyers spar over workers' compensation for Virginia teacher who was shot by 6-year-old

By Ben Finley • Published October 27, 2023 • Updated on October 27, 2023 at 3:59 pm

Lawyers sparred in a Virginia courtroom Friday over whether a teacher who was shot by her 6-year-old student should get only workers' compensation for her serious injuries.

Abby Zwerner is suing Newport News Public Schools for $40 million, alleging gross negligence against school administrators. But the school board is trying to block the lawsuit, arguing that Zwerner’s injuries fall under workers' compensation.

The former first-grade teacher was hospitalized for nearly two weeks and endured multiple surgeries after a bullet struck her hand and chest. Workers' compensation would provide up to nearly 10 years' pay and lifetime medical benefits for physical and psychological injuries.

Read NBC Washington article.

Brazoswood High School false active shooter lockdown prompts concerns with A.I. security system

Brazosport ISD implemented ‘ZeroEyes’ A.I. security system in February 2023

Brazoswood High School

CLUTE, Texas – An image of a student outside Brazoswood High School is what prompted the campus to go into a lockdown during school drop-off Wednesday morning. A parent, who wants to remain anonymous, said his daughter texted him that she was hiding.
“She was scared. Friends were scared. Family was scared. Everybody was scared,” said the parent.
The ZeroEyes A.I. security system in the school picked up the image. The technology notified ZeroEyes staff members who relayed the image to school officials. The school made the decision to go into lockdown. The district said it notified parents around 7:40 a.m.

Read local Houston article.

Educators Grapple with Grief, Horror in Aftermath of Maine Mass Shooting

By Libby Stanford — October 26, 2023

Jaye Rich was unwinding from a night of parent-teacher conferences at McMahon Elementary School in Lewiston, Maine, on Wednesday when she received a devastating phone call from her superintendent.

The automated call informed her and the rest of the Lewiston school community that there were reports of a mass shooting and everyone needed to stay in place. The rest of the story unfolded throughout the night of Oct. 25 and into the next morning, as Rich and the rest of the Lewiston community—as well as the nation—learned that a gunman had shot and killed 18 people and injured 13 others in a rampage at a bowling alley and bar.

“A lot of our teachers were just leaving the building and going home and saw all of the police cars on their way home,” Rich said. “First of all, [I’m] terrified that this is going on and then just heartbroken. We are a very small community. When you’re a small community, everybody knows everybody. Most people know somebody that’s been impacted or saw this happen.”

Read Education Week article.

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Joey Melvin

Director

Center for Safe Schools

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