Safety Law News for August 29, 2019.

In Maryland, the Court of Appeals held that a juvenile who sent a video to her two best friends that showed herself performing fellatio can be adjudicated delinquent under Maryland law both as the person who is a distributor of child pornography and a displayer of obscene matter.  The court reasoned that the Maryland legislature had not amended the laws to include an exception for minors since the advent of sexting.  (In Re S.K.)

In Wisconsin, the Oregon School District is rejecting provisions of the school resource officer program as it comes up for renewal.  The primary objection is to a proposal to procure an assault rifle for the officers.  The other concerns focus on the role of the SRO.

In Arkansas, school officials in Fort Smith have decided to maintain the school resource officer program with the Sebastian County Sheriff’s Office in addition to the internal school police department it recently created.  The school board unanimously approved a memorandum of understanding to combine the programs.

In California,  the Burbank Unified School District is hosting community meetings on the rising use of tobacco and electronic cigarettes.  The district’s resource officers also participate, demonstrating several types of e-cigarettes, including some resembling iPods, flash drives, pens and chargers.

Safety Law News for August 27, 2019

• In California, the California Court of Appeal upheld the adjudication of a juvenile for making a criminal threat.  The court ruled that the student’s conduct preceded his threat such that the circumstances surrounding his statements, and his history at school conveyed a gravity of purpose and an immediate prospect of executing the threat. (In Re A.C.)

• In Illinois, immediate effect has been given to legislation made law with the goal of protecting students from interrogations.  House Bill 2627 says that, “a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student’s parent or guardian, a school social worker, or a licensed mental health professional.”

• In Washington State, the Spokane School Board is seriously studying a recommendation by a nonprofit campus safety organization whose report is the basis for a request to arm the school-based law enforcement officers.  The question has split the community.

• In Colorado,  a charter school that allows some of its trained staff to carry firearms has been asked to leave the Douglas County School District.  The Ascent Classic Academy has the authority to hire a school resource officer, but believe it is too expensive to do so.

Safety Law News for August 22, 2019

• In California, the Sacramento School Board is implementing a new plan that will reduce the number of school resource officers in the district and place them off-campus.  The proposal, known as “Reimagine School Safety,” seeks to provide greater mental health support resources and more training on implicit bias in place of the current number of school resource officers. There are currently eight officers and one sergeant assigned to cover 75 schools; the new plan would reduce that total to about three.

• In Missouri, State Auditor Nicole Galloway formally requested Governor Mike Parson call a special legislative session to implement recommendations made by a school safety task force.  The Missouri School Safety Task Force, released a report with recommendations for protection of students, including better training for mental health issues and the presence school-based law enforcement.

• In Florida, the Broward County committee tasked with investigating the Parkland school shooting and issuing campus safety recommendations announced that there were still more than two dozen charter schools in Broward County that have not established a plan to hire their own security guards as required by state law.  Other school districts in Florida are having the same problem.

• In Pennsylvania, the Line Mountain School District is starting the school year with a mental health initiative. The program provides behavioral health support as needed during school, after school and on weekends. Counselors can carry a caseload of 18 to 20 students.  Teachers and administration can recommend the program to families, or families can request to be a part of the program.

Safety Law News for August 15, 2019

In New York,  the Court of Appeal held that a student who was assaulted on campus is entitled to records of all assaults that occurred on school grounds to help her case.  The court reasoned that in determining whether the duty of a school to provide a safe campus  is breached in the context of injuries caused by the acts of fellow students, it must be established that school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the student misconduct could reasonably have been anticipated.  (M.C. v. City of New York)

In Louisiana, the Louisiana Court of Appeal held that a school was liable for an older student’s actions when he sexually abused a younger student on a school bus.  The evidence showed that school officials were aware of the recurring behavior of the student, but did not intervene properly and did not follow their policy of reporting the incidents to police or child protection agencies.  The court ruled that the school board had a duty to protect its students and that liability is appropriate when the risk of injury is foreseeable and preventable if a requisite degree of supervision had been exercised.  (Pike v. Calcasieu Parish School Board)

In New York, the New York Supreme Court held that a school was not liable for the death of a student after he was struck by a train in an apparent suicide.  Parents for the victim alleged that the school district was indifferent to bullying and harassment from other students.  The court disagreed because the death occurred after school hours and off school premises, the school district did not have control over the victim, and school officials were not on notice of the possibility of the suicide nor were under a distinct duty to guard against it.  (Collazo v. Hicksville Union Free School District)

.• In Missouri, officials from the Ferguson-Florissant School District are implementing a policy that will require students to transport books, binders, and calculators into clear backpacks as part of an attempt to eliminate the weapons that have ended up on their campuses.

Safety Law News for August 9, 2019

• In Kentucky, the Jefferson County Public School Board canceled its school resource officer program by declining by approve contracts with its local law enforcement agencies. The decision will result in the school district having just nine sworn law enforcement officers serving its 156 school campuses when students return to school.

• In New York, the New Rochelle School District Board voted to keep school resource officers out of schools districtwide, following a recommendation from its Culture and Climate Committee.

• In Alabama,  the Chambers County School District sent out a training video to all staff in the district to explain the use of e-cigarettes in high schools.  Students aren’t just using vape devices for nicotine but also synthetic marijuana.  

• In New York, the Governor signed into law a state-wide policy forbidding teachers from coming to school armed. The law, effect immediately, does make exceptions for school resource officers and law enforcement officers on school property.

Safety Law News for August 6, 2019

In Nebraska,  school resource officers in Omaha are receiving training on how to deal with combat-type injuries including how to pack wounds, using a tourniquet and maintaining a person’s airway.  The goal is to equip officers with skills that go beyond basic CPR in the event of an active shooting incident.

In California., officials in San Benito County are receiving positive feedback on the school resource officer program.  Educators, support staff, and parents are reporting that having school resource officers on campus improve overall relationships.

In Mississippi, school resource offices in the City of Petal are receiving Crisis Intervention Team training.  The CIT training is helping to implement a pre-arrest diversion program for individuals that are living with mental illness. The course teaches how to safely deescalate incidents and connect individuals to treatment rather than arrest.

In Massachusetts, all school-based law enforcement officers in Springfield schools will be required to receive training by the National Association of School Resource Officers.

In Missouri, the United States Court of Appeals for the Eighth Circuit held that the handcuffing by a police officer of an out-of-control seven-year-old boy in the second grade was not an excessive use of force.  The court ruled that the boy’s attempts to flee from the officer posed a safety risk to himself.  And the officer did not violate the student’s right to be free from unreasonable seizure and excessive force by leaving him handcuffed for 15 minutes until his father arrived.  (K.W.P. v. Kansas City Public Schools)