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Safety Law News for April 25, 2019

In Louisiana, the Court of Appeal of Louisiana held that schools have a duty to provide reasonable, competent supervision appropriate to the age of the students. The court reversed the dismissal of a lawsuit by parents of a kindergartner who fractured her arm during recess on the playground. The court ruled that the central question in supervision cases is whether the supervision provided is reasonable considering the age of the children and the attendant circumstances, and whether the accident/incident could have been prevented. (Robinson v. St. John the Baptist Parish School Board). In California, the California Court of Appeal held that schools have a duty to supervise the conduct of the children on the school grounds and to enforce those rules necessary to their protection.  The court reversed the dismissal of a lawsuit by parents of a middle-school student who was sexually abused by a teacher with a history of sexual battery accusations.  The court reasoned that liability could be based on the fact that educators failed to adequately supervise the teacher and failed to follow school policy.  (C.A. v. Los Angeles Unified School District). In Florida,  Polk County Public Schools Superintendent announced Tuesday that the district will continue to place armed guardians and school resource officers in the district’s 150 schools, rather than arm teachers.  Current Florida law allows the arming of school staff other than classroom teachers.  The Florida Senate passed a bill (SB 7030)  proposing an amendment to allow for the arming of teachers in the state. In Texas, the Coppell Independent School District is implementing multiple new safety and security measures. Among the changes are measures that encourage parents to be aware and involved in their students’ school safety experience. 

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