J.W. v. INDEPENDENT SCHOOL DIST. NO. 10 OF DEWEY COUNTY, 2021 OK CIV APP 34

Opinion:J.W. Independent School Dist. No. 10 of Dewey County, 2021 OK CIV APP 34
Subject matter:Oklahoma School Safety and Bullying Prevention Act; Oklahoma Governmental Tort Claims Act
Date Decided:August 12, 2021; Mandate Issued September 16, 2021
Trial Court:District Court of Dewey County; Judge Eilers
Route to this Court:Appeal from Summary Judgment.
Facts:J.W. alleged that she was the victim of bullying at school and that District employees were negligent in developing and implementing a statutorily required anti-bullying policy to protect her from that bullying. The district court found that the Oklahoma Governmental Tort Claims Act, specifically 51 O.S. Supp. 2013 §§ 155(4) and 155(5), granted the District immunity from J.W.’s claims. J.W. appealed, and the case was assigned to Division IV of the Court of Civil Appeals. 
Standard of Review:De Novo. 
Analysis:The Tort Claims Act does not immunize the District from a claim that a District employee was negligent in implementing the District’s anti-bullying policy on an operational level. With respect to that aspect of J.W.’s claim, the fact issues have not been resolved and, therefore, it cannot be determined whether the District is entitled to a judgment on all issues.
Outcome:Affirmed in Part; Vacated in Part; and Remanded for Further Proceedings
Vote:Fischer, J. (author); Hixon, P.J., concurs; Rapp, J., concurring in part, specially concurring in part, and dissenting in part.
Other: The Court of Civil Appeals notes a contrary result reached by another division of the Court in Summers v. Sayre Public Schools, No. 116,522, Div. IV, Dec. 31, 2018.