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Safety Law News for October 19, 2023

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— In Maryland the United States District Court denied qualified immunity to a school administrator accused by a parent of failing to protect her child.  The “six-year-old public school student (was) in the first grade …when she was sexually abused by two female classmates.”  The court held that, (t)he harm of sexual harassment consists not only of specific acts, but also the hostile “environment” or “atmosphere” these acts create.”  Qualified immunity was inappropriate because the allegations showed that, “after (the student) was abused on five separate occasions in her classroom, (the administrator) knew what occurred, yet allowed (the student)  to remain in the same class as her abusers, and failed to protect (the student)  from further sexual abuse or…separate her from the other female classmates who abused her.  The court ruled that “the law clearly established that a school administrator has a duty to ameliorate such an environment. Therefore, it is not appropriate to grant (the administrator) qualified immunity with respect to plaintiff’s equal protection claim.”  Latisha Robinson v. Board of Education of Washington County

–In Arizona, officials in the Arizona Department of Education have approved a policy authorizing schools to fill vacant school resource officer positions with off-duty police officers.  The officers “will receive less training than traditional school resource officers, who typically get 40 hours of training. School safety officers will take eight hours of asynchronous training on things unique to the school environment.”

— In Minnesota, an investigation reveals that the incidence of guns in schools is increasing.

“Schools are required to report to the Minnesota Department of Education when a weapon is found on the property.”  The data show that “70 handgun or long guns were confiscated in schools during the 2021-22 school year. That is more than double the highest previous total and three times the 22 guns recovered during 2018-19 – the last full year before the pandemic kept many kids out of the classroom…In Minneapolis Public Schools alone, 30 guns were recovered during 2021-22, a significant increase over the four previous years combined.”

— In Arkansas, officials in the Pangburn School District are replacing more than 100 door locks and handles in three of the district’s oldest buildings.  Officials discovered that some buildings “still have the original locking mechanisms and different keys for every door.”  The upgrade is part of a comprehensive revision of the safety plan that includes, “ID badge card reader system… maglocks and ID scanners… a new Tiger tip line…(and) staff members (who) carry concealed firearms on campus.”

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Safety Law News for October 13, 2023

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— In New Jersey, the United States District Court, dismissed a lawsuit filed by a student who refused to comply with the Bag Policy.  The Bag Policy, in pertinent part states, “All students are permitted to carry clear book bags only. Purses and oversized bags are not permitted. Students may carry electronic device(s) in a small sleeve/protective cover, a water bottle, book(s)/notebook(s) and a small purse.”  In dismissing the lawsuit, the court ruled that, “it is well-established that “students within the school environment have a lesser expectation of privacy than members of the population generally… Furthermore, courts around the country give great deference to school officials in effectuating policies and procedures to protect student safety…. Requiring all students who choose to use a backpack to use a translucent one while at school appears clearly within the school district’s discretion in an effort to ensure and promote school safety.”  Krasil v. Betze

–In New York, the Buffalo School Board President called a special school board meeting requesting the Superintendent to provide an update on school safety.  The request comes after incidents in which violence canceled a football game, victimized an employee and a student during the school day, and the arrest of a person who sparred with several students on the lawn outside a school.

— In Indiana, the Scott County Sheriff’s Office is determining whether to remove school resource officers and deploy them on patrol because of funding and staff shortages.  The issue is arising because, “deputies are leaving the county to work for other departments in Indiana that are offering thousands more dollars in wages.”

— In Oklahoma, Bartlesville Police will get ballistic shields for its school resource officers, thanks to a $5,000 donation from a local auto dealer.  The ballistic shields can be used to help protect both officers and students if an active shooter were to come onto campus.

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Safety Law News for September 29, 2023

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— In New York, the Supreme Court Appellate Division, affirmed the dismissal of a lawsuit filed by a student who claimed that he “was assaulted, harassed, and subjected to bullying by other students during an incident that occurred while (he) was attending an overnight school trip.”  The applicable rule is that, “(s)chools have a duty to adequately supervise the students in their care, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  The appellate court agreed with the trial court that when asserting a claim, the student must show “(a)ctual or constructive notice to the school of prior similar conduct,” that puts on notice the school that the misconduct is foreseeable.  The educators “had no actual or constructive notice of prior conduct by the students allegedly involved herein that was similar to the subject incident.”  Burdo v. Cold Spring Harbor Central School District

— In Kentucky, officials in Lincoln County are renewing efforts to deploy officers onto its school campuses after a threat caused the lockdown of a high school and a middle school.  They are discussing the possibility of “filling the state-wide SRO shortage by hiring active duty and retired National Guard and military personnel.”

— In Alabama, the Mobile County School Board is constrained in placing officers in all of its schools because it does not enough officers certified through the Alabama Peace Officer Standards.  Only three officers are trained.  Additional officers will be deployed “as they become available.”

— In Missouri, officials in the Grandview R-2 School District are considering arming teachers and administrators.  State law provides that school boards can arm teachers and administrators on school property so they can respond to active shooter situations.  The community is being invited to a public hearing to share their views.

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Safety Law News for September 26, 2023

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— In Illinois, the United States District Court dismissed a case brought by parents of a middle school student who was searched by the school principal in the presence of police officers and “found no contraband.”  School employees reported seeing a transfer of money between the student and a fellow student and removed him from class, searching his person and his bookbag.  When nothing was found, the student “was allowed to return to his class, and he was not disciplined in any way.”  Parents sued, arguing that, “he was embarrassed and humiliated by being removed from the classroom in front of his classmates,” and searched for an improper reason that violated his Fourth Amendment rights.  The court ruled that the constitutionality of a student search relies on reasonable suspicion, e.g., whether the “student’s conduct creates a reasonable suspicion that a particular regulation or law has been violated, with the search serving to produce evidence of that violation.”  The court held that the search by the principal, “was reasonably related in scope to locate contraband and was not excessively intrusive.”  Finally, the court ruled that no cases would “put a reasonable principal on notice that it was unconstitutional to conduct a search … after a student gives money to another student during school.”  Jedliska v. Snow

— In Texas, the Austin ISD Board of Trustees are deploying one AISD police officer at each of the district’s schools.  “The recommendation also stated there should be administrative discretion for assigning additional officers based on the size of the campus and the needs of the campus and surrounding vicinity.”

— In Washington State, the Olympia School District is reestablishing its relationship with the Olympia Police Department, reinstating the School Resource Officers (SROs) on campuses after guns were brought to its high school twice in the first week of school.  The school board objective is “to adopt a policy that establishes a formal, collaborative relationship with the Public Safety Division of the City of Olympia, not simply puts police in schools.” The board is discussing placing an emphasis “on a holistic approach, including consultation, multi-tiered support systems, crisis response unit members, and uniformed officers.”

— In North Carolina, the Wake County School District is forming a Coalition for Safer Schools to improve threat assessments in the wake of increasing threats that trigger lockdowns of its schools.  “School threats are increasing at an alarming rate and there’s a need for more coordinated effort among law enforcement.”

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Safety Law News for September 22, 2023

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— In the District of Columbia, the United States District Court held that parents of a student “have not met their burden to show that there are triable claims under Title IX” arising out of a sexual assault by a fellow student on campus.  The assault, published widely by news outlets, involved behavior by the Principal that the court deemed “not just unprofessional but appalling… that resulted in real emotional consequences for a teenaged victim,” was reported to the police and the school in a timely fashion.  The school district did investigate the Principal’s conduct, issuing a Notice of Written Reprimand for “endanger(ing) student safety.”  The school district also implemented several corrective actions, including Title IX training for school employees, honoring the request of the student victim for a transfer to another school, counseling services for the student, and “the opportunity to participate in the SYEP Latin American Youth Center Georgetown Program in which (the student would) earn 100 community service hours and pay.”  The court ruled that, “Title IX authorizes damage awards in private lawsuits against recipients of federal education funding only where they are deliberately indifferent to sexual harassment, of which they have actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” The court concluded that, “the parents cannot show that the District’s response was clearly unreasonable in light of all of the known circumstances given all of the measures it took to investigate the sexual assault and the principal’s remarks, as well as the corrective actions the District took to support Jane Doe and improve its training and resources for students and faculty.” Jane Doe v. District of Columbia

— In the United States Congress, the Stop Overdose in Schools Act was introduced in the House of Representatives “to address the skyrocketing adolescent fentanyl overdose rate.”  The provisions of the legislation would create funding “naloxone training and purchasing and increases naloxone access for school resource officers, security personnel, and school nurses.”

— In Ohio, officials in the South-Western City School District in Franklin County, have approved an agreement for police officers in the schools.  Educators say that, “(s)chool Resource Officers (SRO’s) continue to be an invaluable resource to students and staff in our four high schools…When we are able to integrate law enforcement partners into our high school day, it helps to build positive connections with students they can rely on for life. Whether it be an emergency or sharing a success with an SRO at lunch, this vital school-community partnership helps students better know a friendly face in their community they can go to for support.”

— In Louisiana, officials in the Union Parish Schools are implementing additional safety measures for school-sponsored events after gun incidents.  “At our sporting events, they implemented the clear bag policy and the potential of being searched either through metal detections or pat-downs. Our school-level administrators and school resource officer’s team have started meeting the week of an event to create a security operations plan that’s specific to that event.”

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Safety Law News for September 19, 2023

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In Florida, the District Court of Appeal upheld the adjudication of delinquency of a student who was charged with trespassing within a school safety zone while he was suspended.  The state law provides that, “during the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone.” §810.0975(2)(b).  “The student was riding his bicycle across the street from his school during school hours when a school resource officer recognized him. The officer knew that (the student) had been suspended and that he was supposed to be at a suspension location away from the school. Moreover, the officer had given (the student) a written trespass warning four days before.”  The appellate court agreed that the student could not challenge the Florida law “as unconstitutionally vague (because) (the student) had reasonable, advanced notice that he was not permitted to be at or on sidewalks across from school while suspended, juvenile and his parents were informed.”  D.M.T. v. State

— In Arizona, the Gilbert Town Council “will vote to approve the use of grant funds to pay for SROs at Mesquite High School and Mesquite Junior High School” as part of a student safety plan that includes $2 million for social workers and mental health counselors to support students.  The Gilbert Town Council will also vote on “an intergovernmental agreement and funding between Gilbert and the Chandler Unified School District for schools.”

— In Missouri, officials in the Excelsior Springs School Board are conducting an audit of their communications system after “an incident in which a middle school student brought a gun to school.”  “(T)he district chose to send home a written letter and email and post updates on social media rather than making phone calls.  “(T)he district is in the process of updating its emergency crisis plans and has secured a grant for a new Raptor alert system (to) improve emergency notifications within the school buildings.” — In Idaho, officials in the Lake Pend Oreille School District were awarded $240,000 in grant funding for campus upgrades.  “The grant allows for multiple safety measures to be implemented, including security fencing, intercom and emergency notification system upgrades, controlled access improvements, and door and hardware upgrades at multiple locations.”  Schools have begun utilizing Raptor, a visitor screening and management system and a tip line has also been established for students and parents to report safety concerns.  Two new security officers will also be hired.