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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.”

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Safety Law News for January 5, 2024

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— In North Carolina, the Court of Appeals of North Carolina reversed the adjudication of a student because of an error by a trial court judge who allowed the student to testify “without advising him of his right to remain silent or that his testimony could be used against him.” The thirteen-year-old student was temporarily assigned to an alternative school program during which time he was not allowed to attend any athletic functions or other extracurricular activities.  However, the student violated the prohibition and was caught attending a football game.  A school resource officer asked him to leave. But the student remained in the parking lot. A school administrator asked him to leave the area. Together the officials forced the student to depart.  The court adjudicated the student for second-degree trespass and disorderly conduct at a school event.  When the student was called to testify at trial, the judge, “did not, at any time, engage in any sort of colloquy with (the student) as to whether he understood the implications of testifying, which constitutes error.”  The appellate court ruled that, “the plain language of (state law) places an affirmative duty on the trial court to protect the rights delineated therein during a juvenile delinquency adjudication.”  Matter of G.J.W.L.

— In Illinois, Chicago Public Schools principals take issue with board’s plan to remove police officers.  “Of the 40 high schools that voted on the question of resource officers during the present school year, 39 voted to keep police officers in their schools. Principals are now pushing back and wondering why the decision isn’t going to remain theirs.”

— In Alabama, The Calera Police Department has developed the new student intervention program led by its school resource officers. The Calera Accountability and Success through Education program (CASE) is designed to “educate students on the dangers facing the youth today like vaping, drug use, and bullying.”

— In Texas, the Hutto ISD is upgrading persons who have served as campus safety officers with the district for at least a year as a full-fledged police officer.  This policy will help solve the problems of a limited supply of police officers.  New state laws require every school to have an officer.

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Safety Law News for December 18, 2023

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— In Tennessee, the United States Court of Appeals affirmed the liability of  a school district under Title IX for its deliberate indifference to threats made against a student and her family after she reported student-on-student threats and harassment.  The case arose when a fellow-student coerced the victim into a classroom where a sexual assault took place.  Another fellow-student recorded the incident and placed it upon social media.  School officials initially worked with the parent of the victim and the police department. However, later telling the student that in the face of continued harassment from other students and the continued circulation of video on social media, that the parent should “take it up with the detective.”  Both the trial court and the appellate court found that “under Title IX, schools can face liability for “deliberate indifference to known acts of student-on-student sexual harassment where the harasser is under the school’s disciplinary authority.”  Under this standard “indifference claims have two facets: “before” claims, regarding the school’s conduct before the student victims were harassed, and “after” claims, concerning the school’s conduct after the student victims were harassed.”  The appellate court held that when a student shows: (1) that the school maintained a policy of deliberate indifference to reports of sexual misconduct,”(2) and that indifference creates a heightened risk of sexual harassment that was known or obvious, (3) and the risk of harassment is subject to the school’s control, and (4) as a result, the she suffers harassment that is so severe, pervasive, and objectively offensive that it can be said to have deprived the plaintiff of access to the educational opportunities or benefits provided by the school, then the school is liable under Title IX.  S.C. v. Metro. Gov’t of Nashville.

— In Tennessee, special emphasis is being placed upon crisis intervention training with school employees. “Crisis intervention training focuses on showing first responders how to de-escalate situations and how to identify substance use disorders or other kinds of behavioral challenges. The goal of the training is to improve the outcome of a mental crisis.”

— In California, the Santa Rosa City School Board is implementing a pilot program to bring school resource officers back to its campuses. “Several students told board members they surveyed their classmates and found that 90% of the more than 570 students surveyed want to bring police back to campus, permanently.”

— In Alabama, police officers deployed in the Calera schools in Shelby County are teaching vape cessation classes for students with addictions.  The voluntary “eight-week course is called the ‘Not on Tobacco Program’, and covers everything from the dangers of vaping to the harmful effects and how to quit.”

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Safety Law News for December 15, 2023

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— In Alabama, the Supreme Court of Alabama denied immunity to a teacher who was accused by a student of assault and battery.  In refusing to dismiss the student’s liability lawsuit, the court held that the teacher, “used a form of corporal punishment when she held (a student’s) arms behind his back, told (another student) to hit (him) …in the face.”  The court ruled that the Alabama immunity law provides that:

“So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability.”

Previous court decisions gave a broad scope to this law, holding that punishments of students other than paddling as “corporal punishment,” e.g., hitting a student on the back with her hand, a coach’s hitting his players with his fists, and using corporal punishment on a student for making a bad grade.  All were considered violations of Alabama corporal punishment law.  The court also denied “schoolmaster’s immunity” because “although (a) schoolmaster is regarded as standing in loco parentis and has the authority to administer moderate correction to pupils under his care…(a teacher is) guilty of an assault and battery, (when they) inflict on the child immoderate chastisement…with legal malice or wicked motives.”  Finally, the court held that the teacher was not entitled to State-agent immunity because she “acted beyond her authority.” Ex Parte Smith (In Re: Latisha Bolden, as mother and next friend of T.B., a minor v. Arnetta Moore et al.)

— In Pennsylvania, the state Senate approved a bill requiring public school districts to have at least one full-time armed security officer on duty during school hours to enhance protection of students and staff. The proposed policy “would apply to intermediate units, career and technical schools, charter schools and private residential rehabilitation institutions as well.” It would “leave it up to the school’s discretion whether an officer would be at extra-curricular activities.” It also allows school entities to apply to the Pennsylvania Commission on Crime and Delinquency for a waiver from the mandate if they are unable to fill the position after making a good faith effort.

— In Missouri, schoolteachers and administrators would be allowed to carry concealed firearms or self-defense spray devices under proposed legislation. They would be called “school protection officers.” Some local superintendents have expressed concerns about the bill: “Teachers and school leaders already have a huge responsibility to educate students…It is more appropriate for law enforcement and school resource officers to handle security matters.”

— In Colorado, the Denver School Board, comprised of new members in-part, are implementing policies to improve school safety by enhancing coordination between deans, administrators and police.  Under the policy, “school leaders, such as principals and deans, (will) undergo the same 40-hour training SROs receive.”  The Superintendent will have “the authority to remove an SRO for not adhering to district policy and the discipline matrix.”

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Safety Law News for December 13, 2023

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— In California, the California Court of Appeal reversed the lower court in an important case involving the sexual abuse of a student by school employees.  The lower court dismissed the case, ruling that the school district was not liable because the incidents were unforeseeable.  The rule applied by the lower court was that, “foreseeability require(s) as matter of law that school supervisory or administrative personnel knew or should have known (of) the deviant propensities of the employee that commits the abuse and nevertheless hired, retained, or inadequately supervised him or her.”  In reversing, the appellate court ruled that “(g)iven the special relationship between public schools and their students, LAUSD supervisors and administrators have a duty of care to use reasonable measures to protect students from foreseeable injury at the hands of others.”  Therefore, a more rigorous test applied.  Under the more rigorous test, “foreseeability (does) not require such actual or imputed knowledge about the specific employee, and instead address(es) the foreseeability of risk to students in general from sexual abuse by persons at the school.”  The evidence showed that educators, “fail(ed) to take reasonable measures that would have precluded (their employee) from abusing (students), (e.g.,) employees were not asked for references before being hired… LAUSD personnel avoided taking steps to observe (the employee’s) classroom and become aware what was going on there.”  Therefore, reversal was necessary.  “A special relationship is formed between a school district and its students resulting in the imposition of an affirmative duty on the school district to take all reasonable steps to protect its students.”  R.D. v. Los Angeles Unified School District

— In Wisconsin, police officers are slated to return to Milwaukee Public Schools in January 2024. The Wisconsin legislature enacted a comprehensive set of polices in 2023 WISCONSIN ACT 12 that require the Milwaukee school district to deploy police officers on campus.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In South Carolina, the legislature enacted House Bill 3360, establishing a school safety center to better train law enforcement and educators on preventing and responding to safety threats. “The Center for School Safety and Targeted Violence will … provide a training location for law enforcement officers in the form of a real school setting.”  Officials announced that, “training will include active shooter exercises as well as behavioral threat assessments with two full-time Behavioral Science Unit agents who will work at the facility.”

— In California, officials in the Sonoma County Office of Education are considering policies to address a spate of violence in schools in the Santa Rosa City Schools district.  Three middle school students were arrested after a fight involving a knife. Earlier, a high school student was killed in a classroom fight involving a knife.  Parents and teachers spoke out, “urging the district to bring school resource officers back to local campuses.”

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Safety Law News for December 11, 2023

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— In Illinois, the Appellate Court of Illinois affirmed the ruling of the lower court denying the attempt of a person to obtain his release from detention because of his speech on a high school campus.  The person, “went to Glenbard North High School to find out why he could not enroll in classes. After a meeting with the school resource officer and the dean of students, (he) was upset and left the school. While in the school parking lot, (he) stated to a parent of another student, “hey man, if you hear that someone shot at principal at the head, don’t look at me.”   The person was charged under state law “for transmitting a threat to a school building or persons, which is a detainable offense.”  The appellate court agreed with the weighing of factors by the lower court:

“The court noted that it considered all the evidence before it. It stated that defendant’s conduct in threatening the principal was particularly “worrisome” and noted the seriousness of school shootings. It further discussed defendant’s previous battery arrest, stating that it considered it indicative of violent behavior even if the charge was ultimately dismissed. The court also noted that a previous report stated that defendant had bipolar disorder but was not taking his medication. The court took issue with defendant’s failure to comply with this directive. In light of these factors, we cannot say that the court’s decision was arbitrary, fanciful, or unreasonable.”  People v. Kurzeja

— In California, the Santa Rosa City Schools District moved to place a police officer at each of its high schools for the next two weeks due to an increase in violent fights on campuses.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In Texas, school superintendents across the state say lack of school safety funding may lead to budget cuts.  Their disappointment lies in the decision of the Texas legislature to end a “special legislative session … without any increased funding for school safety.”   The superintendents are concerned that their schools will not “have enough money to meet new safety mandates.”

— In Arizona, “(t)he Arizona Department of Education’s School Safety Task Force is now recommending that legislators remove barriers in state law to allow retired law enforcement officers to work as School Resource Officers as a way to bolster campus safety. The group met …to create a list of recommendations for the legislature in their upcoming session.”