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Safety Law News for February 3rd, 2021

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— In Wisconsin, the Court of Appeals of Wisconsin affirmed the adjudication of delinquency of a juvenile who, while unarmed and loitering on campus, repeatedly threatened to shoot a school administrator.  The court ruled that the state law that prohibits threats applies when it is made directly to school personnel.  Wis. Stat. § 947.019.  The court held that the First Amendment does not protect expressions of violence that are “communicated directly to its victim, [that have been made] to the victim on other occasions, and … the victim had reason to believe that the maker of the threat had a propensity to engage in violence.” [Interest of D.A.M.]

— In Virginia,  nearly a year after canceling its school resource officer program with the Albemarle County Police Department, officials at the Albemarle County Public Schools are creating their own in-house school safety program.  The officers will be hired, trained, and supervised by school officials.

— In Kentucky, the state legislature has not provided funding for school counselors and other safety measures required in 2019 by the School Safety and Resiliency Act (Senate Bill 1).  The mandates include police officers, anonymous reporting apps for students and staff, enhanced school building access controls, suicide prevention training, active shooter training, and student-involved trauma training.

— In Missouri, officials at the Springfield Public Schools have installed drop-off boxes at schools for students to safely and securely discard vape and tobacco products.  The “Vape Safe Drop Boxes” allow students can discard products anonymously.

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Safety Law News for February 1st, 2021

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In Pennsylvania, the United States District Court refused to dismiss a case brought against school officials by parents of a special needs student who experienced a series of violent attacks by fellow students.  The parents asserted a race discrimination claim under Title VI of the Civil Rights Act.  (42 U.S.C. § 2000d et seq.).  Based on the facts, the court held that schools can be liable under Title VI “where a student faces harassment at school that is so severe, pervasive, and objectively offensive…[that it] undermines and detracts from the victims’ educational experience, [such] that the victim [is] effectively denied equal access to an institution’s resources and opportunities.” Henry v. Sch. Dist. of Philadelphia

— In California, the trustees of the Hayward Unified School District voted unanimously to eliminate the school resource officer program.  The trustees pledged to “develop new protocols, provide additional training to staff and forge new community partnerships to meet the safety needs of our school communities.”

— In Illinois, the Chicago Public Schools have announced Phase II of its plan to reduce the presence of school resource officers on its campuses.  In August 2020, Phase I of the plan was announced, reducing the funding of the SRO program and beginning the removal of police officers from 17 of the city’s public high schools.  Phase II involves the creation of safety partnerships with community organizations to create new “trauma-informed safety approaches.”

— In Ohio, parents with students in the Worthington School district have decided to take the Worthington School Board to court after its decision to remove school resource officers from its campuses.

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Safety Law News for January 25th, 2021

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In Ohio, the United States Court of Appeals ruled that reckless conduct by an elementary school principal and assistant principal eliminated governmental immunity from claims by parents of a third-grade student who committed suicide after several violent incidents at school.  The court ruled that immunity under state law was not available for schools that fail to report child abuse, fail to inform parents about prior threats, fail to discipline the student assailants, and fail to call 911 after a serious assault.  Meyers v. Cincinnati Bd. of Education

— In Nevada, officials in Clark County have a new incentive for reopening schools as quickly as possible despite the COVID-19 pandemic.  An investigation into a rise of student suicides found a correlation linking the deaths to school closings.  The school board gave the green light to phase in the return of some elementary school grades and groups of struggling students

— In California, the Fremont Unified School District has reinstated its campus police officer program after ending funding for the program in November 2020.  The board is requesting meetings with the Fremont Police Department about how to incorporate ideas from a task force to create more accountability and measurable goals for the SRO program.

— In Indiana, officials in  Michigan City have decided to renew its contract for school resource officers on the condition that there be “more community involvement in determining who will serve as a school resource officer.”  The city council wants officers to be trained in de-escalation and how to work with teens.

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Safety Law News for January 15th, 2021

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— In Pennsylvania, the Superior Court of Pennsylvania, affirmed the adjudicated delinquency of a student for aggravated assault of a teaching staff member.  18 Pa.C.S. § 2705(a)(5).  The law protects teachers from students who, “attempt to cause or intentionally or knowingly causes bodily injury to a teaching staff member … acting in the scope of his or her employment or because of his or her employment relationship to the school.”  “Bodily injury” is defined as impairment of physical condition or substantial pain.  On this basis, the court ruled that “[s]ubstantial pain may be inferred from the facts” of the student twice hitting with closed fist the head of the teacher.  Interest of A.B.

— In Illinois, a state representative introduced legislation that would eliminate school resource officers in schools.  The provisions of House Bill 0029, would not allow law enforcement officers on a schools property unless urgent and immediate action was necessary.  However, the next day, the state representative decided she was no longer moving forward with the bill.

— In Florida, the Seminole County Public School District is testing gun detection technology for use on its 52-acre campus at Oviedo High School.  The new technology, known as ZeroEyes,  uses the school’s existing surveillance cameras to spot guns and alert school resource officers and teachers within seconds.

— In North Dakota, child care agencies, schools, and law enforcement in Stark County are assessing their efforts to protect children from sexual abuse.  The Stark County Sheriff’s Office credits school resource officers who “interacting with youth [are] helping us in detecting this type of behavior….The relationships SRO’s are able to develop with young folks and their parents creates an atmosphere of trust which facilitates an ability for these crimes to be reported.”

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Safety Law News for January 12th, 2021

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— In California, the Court of Appeal, Fifth District, ruled that a law enforcement officer violated the rights of a student by conducting a search of his person while detaining the youth on campus for smelling strongly of marijuana. The jurisdiction argued at trial that the search was not based on reasonable suspicion but rather “ “common practice and procedure,” just in case the minor possessed a knife.”  On appeal, the jurisdiction recanted this position and argued that the officer possessed reasonable suspicion.  The court ruled that the new position was not allowed on appeal.  Therefore, because there were no articulable facts on the record from which a rational inference of suspicion could be drawn the weapon discovered in the search would be suppressed. THE PEOPLE, Plaintiff & Appellant, v. JESUS R.

— In Wyoming, a student showed another student a firearm at Kelly Walsh High School in Casper and a Casper PD School Resource Officer was notified immediately and able to quickly and safely bring the student that showed the gun into custody.  The community is documenting the incident as “a stark reminder about the role School Resource Officers serve and how important they are for the community.”

— In Maryland, school officials in Montgomery County are emphasizing their desire to keep their school resource officer programs.  In October, all high school principals and the leaders of three special schools told the school board they support keeping school resource officers. In December, the Montgomery County Association of Administrators and Principals penned a letter to the school board urging it to continue the program.  They say, “[t]he School Resource Officer Program in Montgomery County has greatly benefited the school system… We need SROs in our schools.”

— In Illinois, Senate Amendment #2 to HB 163 seeks to reform the role of law enforcement in the state.  The legislation eliminates qualified immunity for police officers, defunds municipalities by as much as 40% percent, revises physicality rules by totally prohibiting chokeholds, and mandates body cameras for all police departments.

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Safety Law News for January 8th, 2021

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— In California, the United States Court of Appeals, Ninth Circuit ruled that a special needs student did not have to exhaust administrative remedies before filing a civil lawsuit under the Americans with Disabilities Act (ADA).  The parents alleged that school officials discriminated against the student on the basis of his disability by removing him from school in response to his disruptive behavior.  The court reasoned that three different federal statutes may come into play when a child with disabilities and his family assert education-based claims of unlawful treatment: the IDEA,; Section 504 of the Rehabilitation Act, and Title II of the ADA.  Exhaustion applies only when a student challenges the adequacy of a child’s educational program (FAPE) and not when injured in ways unrelated to a FAPE.  D. D. by & through Ingram v. Los Angeles Unified School District

— In North Carolina, A former Vance County school resource officer pleaded guilty to assault and child abuse charges after he was caught on camera body slamming an 11-year-old student.  The former officer pleaded guilty to two misdemeanors: Failure to discharge duty and assault on a child under 12. He was sentenced to 55 days on the assault charge and 45 days on the failure to discharge duty charge.

— In North Carolina, Beaufort County Schools are terminating the school safety MOU with the Beaufort County Sheriff’s Office.  The deputies will remain in the schools until the end of the current school year and the educators are looking for a security contractor for the 2021-22 school year.

— In California, the Governor signed into law AB 685 that authorizes the Division of Occupational Safety and Health to prohibit entry into unsafe schools that place school employees at risk of the COVID-19 infection  The law also requires schools to provide written notice to all employees and their partner unions of positive COVID-19 cases and information about COVID-19-related benefits they are entitled to.