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Safety Law News for February 28, 2024

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— In New Mexico, the Court of Appeals of New Mexico held that the actions of school officials leading up to the physical injury a student who returned to school after post-hip surgery fell within the waiver of immunity under state law.  The parent, “provided the school two separate doctor’s notes prohibiting his son from participating in any sports or physical education.”  Even so, “on (the student’s) first day back, his homeroom teacher allowed him to go outside during the recess break,” where he fell, sustaining “a serious injury to his recently operated-on hip.”   The appellate court ruled that the failure of the school “to follow school policy created a dangerous condition in the operation of the school and caused (the student’s) injury, and therefore… waived (school) immunity.”  The appellate court noted that, “a school simply cannot operate in a safe, reasonable, and prudent manner without affording, at the very least, the health and safety services that students have been promised, and upon which parents have relied.”  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Illinois, the Chicago Board of Education voted to remove police from its campuses.  “A new “holistic” plan for school safety…will replace the SRO program.”  “Police will only be allowed outside of school campuses,” supervising school opening and closing.

— In Massachusetts, the Governor rejected requests to deploy the National Guard to address school violence in the Brockton Public Schools.  The Brockton School Board “pleaded in a Feb. 15 letter for the Guard’s “expertise in crisis management and community support” until the district was able to put long-term solutions in place.”  The Governor said that “sending in the National Guard would be an inappropriate response.”

— In Maryland, legislation has been introduced that would require Baltimore City Schools Police officers to carry a firearm while on school property.  Officers with Baltimore City Schools Police have the same powers as city police officers, but are prohibited from carrying their firearms inside schools.  Senate Bill 819 would take away the prohibition.

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Safety Law News for February 19, 2024

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— In Michigan, the United States District Court held that school officials did not violate the rights of a student who was expelled after lying to her parents about bathroom searches that were conducted to deter vaping in schools.  The school policy required officials to conduct “a brief look underneath the bathroom stall partitions (while standing outside the stall in the) public areas in the bathroom to see if multiple students were (vaping) in the same stall together.  The student told her parents that “the assistant principal had approached (her) stall and looked into it while (she) was urinating.”  The student also “asked another student to lie for her, and (her) friends threatened that student to back up (her) falsehood.”  The school board “decided to expel (the student) for 180 days… (for engaging) in conduct that involved the intimidation of another student in violation of the student handbook…(and) making false statements accusing an administrator of a sex crime.”  The court ruled that the First Amendment rights of the student were not violated because, “untruthful statements to the police about school administrator conduct involving interactions with students on the school property (are not protected).”  The court ruled that the Due Process Clause was not violated because, “before the disciplinary hearing, (the parent) was at least aware (of the student’s) false statements regarding (school officials) and her attempt to get (another student) to lie for her, (as) the basis of the recommended discipline.”  Moreover, there was “a rational relationship between (the student’s) actions and her expulsion.”  Finally, the court ruled that the Fourth Amendment was not violated because the “bathroom checks were permissible in their scope …after balancing the scope and manner of the search in light of the students’ expectation of privacy, the nature of the intrusion, and the severity of the school officials’ need in enacting such policies.” Ashton as Next Friend of E.B. v. Okemos Public Schools

— In Ohio, the Ohio School Safety Center is conducting training for schools on threat prevention.  The training is designed to provide “first responders in our schools …prevention methods that work for their schools, (as well as) best practices.”

— In West Virginia, House Bill 4299 seeks to authorize educators to volunteer to carry firearms in school.  In its provisions, “teachers, administrators, support personnel in elementary or secondary schools who volunteer to be designated as school resource officers…would be authorized to carry concealed firearms or a stun gun or Taser.”  The educators “would need to provide proof of a valid conceal carry permit and a certificate demonstrating completion of a Security Protection Officer Training program. The training would need to include mitigation techniques, neutralization of potential threats and active shooters, de-escalation techniques, crisis intervention and more.”

— In New York, “(n)early 100 frustrated residents in the town of Vestal showed up at a town board meeting…to protest and express concerns over the future of the town’s school resource officer (SRO) program.”  The residents, in favor of school resource officers, are urging officials to make school safety a priority.  “The fact that you’re looking at this as a place to save some money…God forbid we have a snow storm that we don’t want to have to pay for.’ Well God forbid…that you have something far more dangerous on your hands.”

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Safety Law News for February 7, 2024

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— In North Carolina, the Court of Appeals of North Carolina vacated the adjudication of a juvenile for violating state law that punishes students who “assault on a school employee and assault inflicting serious bodily injury for the same underlying conduct.”  The incident arose when the student was fighting “in the hallway while the school’s assistant principal was standing between them…(during which) the assistant principal suffered a concussion and was knocked unconscious.”  The facts include the testimony of the police officer on campus who said that, “he had to physically remove (the student) from the assistant principal and the other student and pin her to a nearby wall to deescalate the conflict.”  The appellate court ruled that the adjudication applied the law incorrectly.  “(North Carolina law) does not authorize her being held responsible for both assault on a school employee and assault inflicting serious bodily injury.”  This because of a prefatory clause in the law that, “provides for liability under that provision “unless the conduct is covered under some other provision of law providing greater punishment.”  The appellate court held that the phrase ““[u]nless the conduct is covered under some other provision of law providing greater punishment,” reveals an intent by our General Assembly to limit a trial court’s authority to impose punishment for assault on a female when punishment is also imposed for higher class offenses that apply to the same conduct. Here, because Defendant was also convicted and sentenced for assault inflicting serious bodily injury, a felony, (the student) should not be punished for committing an assault on a female.”  The appellate court vacated the disposition order and remanded the case a new dispositional hearing.  In Re S.C.

— In Utah, legislation has been introduced that would allow armed, trained persons called “school guardians” to respond to emergencies in Utah schools.  House Bill 84 “would establish a “guardian program.” In the absence of a school resource officer, or SRO, or security guard, a school employee could volunteer to be an armed guard to respond during an emergency….The guardians would train twice a year inside of the school, and the county sheriff would oversee their duties…Guardians would undergo mental health evaluations and de-escalation training. Their training would also include firearms proficiency.”

— In Tennessee, legislation has been in traduced that would permit schools to hire retired officers and honorably discharged veterans as school resource officers.  House Bill 1899 would “relieve SRO staffing issues that some school systems have faced.”  Schools “were forced to provide officers with hours of overtime to patrol schools, meaning there were potentially not enough officers available to hire them for those positions full-time.”

— In West Virginia, officials in the Cabell County Schools are utilizing a cyber-security protocol to detect threats of violence against the school or students and staff at the school.  Embedded within the county school system’s on-line network, the protocol, “allows us to monitor things that happen within our network, so the devices and connections that our students and teachers use in terms of interaction at school.”  Recently, “a student at Cabell-Midland High School is the target of an investigation into an alleged threat of violence…detected (by the protocol).”  “The student (was) detained by police.”

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Safety Law News for February 1, 2024

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— In New Mexico, the Court of Appeals of New Mexico, reversed the lower court’s grant of immunity to school officials who allowed a student who returned to school after orthopedic surgery to participate in recess activities, contrary both to school policy and the physician’s orders for the rehabilitation and safety of the student.  A total breakdown of communication from school nurse, homeroom teacher, class teachers, and recess duty teachers resulted in the student suffering serious injury.  The appellate court held that educators had “the responsibility to ensure that all school faculty interacting with the (the student) were aware of his physical limitations.”  The state immunity law did not protect schools from “bodily injury … caused by the negligence.”  Therefore, the appellate court ruled that, “the operational failure to follow school policies and procedures by not keeping (the student) inside and failing to inform all relevant parties of his physical limitations,” waived immunity from a lawsuit.  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Virginia, the legislature is considering a school safety policy that would require school resource officers to perform periodic bathroom checks.  The legislation is in response to an incident in which a 6-year-old was sexually assaulted in a school bathroom during an after-school program.  House Bill 1528 will require the police to perform “diligence checks” every 30 minutes “looking out for drug use, sex abuse, everything.”

— In Idaho, the Idaho House of Representatives passed legislation that would allow “any public school employee with an “enhanced” concealed weapons permit to carry a gun in hallways, classes and lunchrooms across the state. “House Bill 415 would require teachers or other employees who want to carry guns to notify their principal, but it does not require them to notify their local school board or students and parents. The Idaho Association of School Resource Officers and the Boise School District opposed the bill, as did other districts and teachers unions.”

— In North Carolina, a Report by the North Carolina Department of Education shows that incidents of criminal activity is rising.  According to the Report, incidents are 38% above pre-pandemic levels.  “Students have reported a rise in mental health issues that are blamed for the increases in bad behavior in schools.”

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Safety Law News for January 24, 2024

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— In Alabama, the Supreme Court of Alabama ruled that a school district was protected from liability by state-agent immunity after a substitute teacher was attacked by students while she was working in the classroom used for students in the alternative-learning program, students in the in-school-suspension program, and students whose possible disciplinary violations school officials had not yet had the opportunity to address discipline.  The court noted that a state agent “shall be immune if his or her conduct involved… exercising his or her judgment in the discharge of duties imposed by statute, rule, or regulation in … educating students.”  The court clarified the main issue, namely that, “(e)ducating students includes not only classroom teaching, but also supervising and educating students in all aspects of the educational process.”  The court held that the immunity of school officials can only be abrogated in circumstances in which “the State agent acted willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.”  Here, the court ruled, the teacher had not shown that the school, “acted beyond their authority by not following established policies and procedures” and so the rules of immunity would apply.  Ex parte Louie

— In Texas, officials in the Midway ISD plan to create its own police force to increase school safety.  “There could be two school resource officers at the district’s high school and one at each middle school, along with a police chief.”  This will solve the problem of identifying and retaining officers through the local police department and allows the schools to focus upon “a rise in students vaping at school.”

— In Washington State officials in King County are implementing a ‘Safer Schools Strategy’ to upgrade their crisis plan after a 2022 tragic shooting at a high school.  The main features comply with longstanding provisions of state law: “notifying the schools when a student is charged with a felony involving a firearm in the community…providing information about court conditions that the student might be on… making sure the school has a way to reach the probation officer.”

— In North Carolina, the Charlotte-Mecklenburg School board approved a policy to provide Narcan to every school. “State health data shows less than 20 percent of overdose deaths happen in people younger than 25, but CMS leaders reported…that nearly 720 incidents in which students were caught with controlled substances during the 2022-23 school year.”  “School nurses, school resource officers, and other staff members in every school will receive training on how to administer Narcan.”

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Safety Law News for January 16, 2024

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— In Oklahoma, the United States District Court, held that the state policy of separating the use of male and female restrooms and changing areas in public schools based on a student’s biological sex did not violate the rights of students who identify as transsexual.   The policy states that, “(t)o ensure privacy and safety, each public school and public charter school that serves students in prekindergarten through twelfth grades in this state shall require every multiple occupancy restroom or changing area designated as follows: 1. For the exclusive use of the male sex; or 2. For the exclusive use of the female sex. Each public school or public charter school in this state shall provide a reasonable accommodation to any individual who does not wish to comply with the provisions of subsection B of this section. A reasonable accommodation shall be access to a single occupancy restroom or changing room.”  The court held that the Equal Protection Clause did not invalidate the law because, “(s)eparating students based off biological sex (which both parties agree the statute does) so that they are able to use the restroom, change their clothes, and shower outside the presence of the opposite sex is an important governmental objective…and (the state policy) is substantially related to achieving that objective.”  The court ruled that the state policy did not violate Title IX because “(a)t the time Title IX was enacted, the ordinary public meaning of “sex” was understood to mean the biological, anatomical, and reproductive differences between male and female. It is up to Congress to change that meaning, not this Court.”  Eli Bridge v. Oklahoma State Department of Education

— In Tennessee, school safety legislation introduced would enable law enforcement agencies to assign police to schools.  House Bill 1664, “would change the current law, enabling law enforcement agencies to assign resource officers to schools who had not previously requested one.”

— In Ohio, the number of school districts registered to give non-police staff access to guns has nearly tripled since the spring of 2023.  This finding, by the Ohio School Safety Center, comes after a new law that allows teachers to access guns in schools without undergoing Ohio police officer-level training.  “The state has around 610 school districts, so roughly 10% of Ohio districts have opted in.”

— In West Virginia, legislation has been enacted to allow veterans, retired police officers to provide armed security in schools.  Senate Bill 143.  “The bill allows county boards of education in West Virginia to contract with honorably discharged veterans or former state troopers, sheriff’s deputies, or federal law enforcement officers to provide public safety and security on public school grounds and buildings.” Importantly, “The (person) would not be a school resource officer or considered law enforcement, nor would they have arrest power.”