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Safety Law News for October 24, 2019

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• In California, the California Court of Appeal ruled that a student was properly adjudicated for making a criminal threat when he used a black “sharpie” marker to write the following statement on the wall of a bathroom stall: “Don’t come!!! Skool Shooting after Spring Break [smiley face] Blood kidz.”  The court reasoned that officials could reasonably infer that the graffiti was an actual threat written with the intention to instill fear of a school shooting in those who saw or heard about it.  The state law sought to punish those attempting to instill fear in others and the evidence did not need to show that the student intended to carry out the threat.  (In Re D.N.)

• In Virginia, officials in the Mesa Public Schools are experiencing an enormous increase in student vaping violations.  The number of students disciplined for vaping has more than doubled each year since 2016. In 2018, the district had 645 vaping-related violations.

• In Illinois, the City of Marion has deployed officers in every school in the district.    The city and the district are sharing the cost. The police agency is paying for uniforms, firearms, training and body armor. The school district will pick up the wages for each officer.

• In Illinois, the Illinois Association of School Boards, is considering a resolution to support legislation that authorizes arming school faculty.  The IASB resolution would authorize “voluntary district employees, in any capacity” to carry a concealed firearm if they have obtained the necessary licenses, certifications and training.

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Safety Law News for October 15, 2019

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• In North Carolina, the North Carolina Supreme Court ruled that a student was properly adjudicated for disorderly conduct after throwing a chair toward another student in the school’s cafeteria, running away, refusing to cooperate with the school resource officer, and disrupting the school.  The lower court had refused to uphold the charges against the student because the chair did not hit anything or anyone.  (In Re T.T.E.)

• In Arizona, officials in the Mesa Public Schools are experiencing an enormous increase in student vaping violations.  The number of students disciplined for vaping has more than doubled each year since 2016. In 2018, the district had 645 vaping-related violations.

• In California, a new law requires every person employed by a public K-12 school or public University as a school security officer to complete a training course.  SB 390, also will require annual training of all officers.

• In New Mexico, the Española School District is finalizing an agreement with the Española Police Department to deploy two sworn police officers under a rigid set of guidelines.  Under the terms of the Memorandum of Understanding, the officers can only conduct searches of students when there is probable cause, not the reasonable suspicion required for school district employees.  The officers may only question a student about an incident in the presence of parents and must provide Miranda warnings.

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Safety Law News for October 10, 2019

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• In Florida, the United State District Court ruled that a 14-year old female student, who reported bullying and sexual harassment, sufficiently stated a Title IX claim.  The student alleged that school officials were deliberately indifferent by failing to put her in separate classes from her assailants, hindering her transfer to new school district, and waiting months before reporting her case to law enforcement.  (Doe v. School Board of Miami-Dade County).

• In Nebraska, school administrators at Millar North High School discuss the successful relationship with school-based police over 14 years.  Educators rely on SROs to help with enforcement of the school code of conduct, mentoring students, and responding to reports of dangerous activities.

• In Florida, seven Florida county school districts are taking advantage of the new law that allows them to arm teachers. The other 60 school districts in the state have not approved it. The six districts include Bay, Gilchrist, Lafayette, Levy, Okeechobee, Putnam and Suwannee counties.  Under the law, a school district must first vote in favor of the policy and then teachers must volunteer.

• In Florida, the Hernando County School Board is examining the merits and feasibility of establishing its own police force.  The school district could hire more officers for the same amount it pays the Sheriff’s Office.  It would also have more of a say over SRO training, including education on student development and mental health.

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Safety Law News for October 7, 2019

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• In Maine, a new study by the University of Southern Maine examines the role of school resource officers in Maine and concludes that policing alone does not reduce violence or necessarily improve school safety. More specifically, the report finds there is a lack of statewide uniformity governing school-based police, their roles, how they are selected, and trained.

• In Alabama, officials in Baldwin County are adding law enforcement consequences for vaping on campus.  Police have begun confiscating e-cigarettes and issuing a citation and a date to appear in court.  The fine on a guilty student could range from $10 to $50, increasing with each subsequent citation or offense.

• In Wisconsin, the Mishicot School District is requiring 7th and 9th grade students to take a 5-hour online course to teach them the side effects of vaping and how it’s marketed.  The course, called “Vape Educate,” is also being used as an alternative to suspension for students caught vaping.

• In Pennsylvania, the Governor signed into law a bill that requires all Pennsylvania school security guards to go through the National Association of School Resource Officers (NASRO) basic training program.

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Safety Law News for October 1st, 2019

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• In Ohio, the United States District Court held that classroom video of a student without prior parental consent does not implicate the right to privacy under the Fourth Amendment. The court reasoned that a student’s reasonable expectation of privacy is limited.  While video surveillance in a school locker-room invades a student’s reasonable expectation of privacy, video surveillance in other common areas does not implicate privacy rights.  (Holly Gregory v. West Clermont Local School District)

• In Illinois, the Appellate Court of Illinois ruled that school officials owed a student no duty for injuries she sustained when, after school was let out, a fellow student accidentally ran into her in a crosswalk, about half a block from the school.  The court declined to impose portal-to-portal liability on the school district.  Instead the court limited this concept to risks that occur while the student is at school or otherwise engaged in school activities. (Kennidy Stephens v. The Board of Education of School District 172).

• In Kentucky, the Warren County Public Schools is promoting a new anonymous reporting tool offered through the Kentucky Office of Homeland Security.  The Safety Tipline Online Prevention Service facilitates reporting bullies and other safety issues.

• In California, the California Court of Appeal unanimously reversed the conviction of a high school student charged with battery and resisting arrest after he “lightly brushed” the hand of a school resource officer in the hallway.  The court held that “[n]ot only did the officer’s conduct fail to enhance school safety, it elevated what should have been a minor school disciplinary matter into one with potential criminal implications. The same is true of the district attorney’s decision to pursue wardship proceedings on this record.”  (People v. Francis A.)

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Safety Law News for September 26, 2019

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In Iowa, the Iowa City Community School District School Board wants more input from people before putting forth a security plan that includes the deployment of school resource officers on campuses.  A letter from all the district’s high school and middle school principals is asking the board to implement such a plan.

In Arizona, the school board for the Tucson Unified schools unanimously approved a policy that will provide Tasers and body cameras to school resource officers.  The policy prohibits using Tasers on anyone under 18, unless deadly force by an officer was already justified.

In Connecticut, Stamford police undercover investigations on sales of vaping products to school-aged kids resulted in three violating stores being assessed fines.  The investigations are the result of meetings with administrators and teachers who told police that too many kids are using vapes.  The sting operations have also be  successful in Suffolk County, New York.

In Tennessee, officials in the Kingsport City Schools are launching an anonymous reporting tool called “P3 Campus.”  The application facilitates anonymous reports on cyberbullying, drugs, harassment, and suicide to school administrators and school resource officers.