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Safety Law News, April 23, 2019

April 24, 2019

In Pennsylvania, the Pennsylvania Supreme Court held that negligence by school officials that renders the campus unsafe fall within the exception to governmental immunity.  The school was found liable for injuries to a student participating in a relay race during gym class who tripped and fell, causing him to propel into the wall at the end of the gym.  (Brewington for Brewington v. City of Philadelphia)


In Alabama, Senate Bill 255 and House Bill 209 were approved the Senate.  If enacted retired law enforcement officers will qualify to become school resource officers without having to be certified, as is currently required of school resource officers. Each retired officer must have at least 25 years of experience and been retired in good standing.


In New York, the New York Supreme Court ruled that schools may be held liable for injuries related to the absence of adequate supervision.  Liability for injuries to a student beaten on a school bus would be appropriate if the perpetrator’s disciplinary record placed the school on notice.  The court held that the standard for determining whether a school has breached its duty is to compare the school's supervision and protection to that of a parent of ordinary prudence placed in the same situation and armed with the same information.  (Palopoli v. Sewanhaka Central High School District)


In Indiana, the Board of Education for the Clark-Pleasant Community School Corporation is creating its own police department, which will supplement the school resource officers already in place.  The district plans to spend about $650,000 annually on salary and benefits for the school’s officers, as well as the new director and an administrative assistant.

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