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Safety Law News for September 12, 2023

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In Indiana, the United States District Court granted the motion to dismiss a lawsuit bought by parents whose special needs child who was sexually assaulted by another student in a school bathroom.  The victim, whose “cognitive ability and social skills are like an elementary school-age child, ”told her teacher she needed to use the bathroom, texted the perpetrator that the girls’ restroom was empty.” The perpetrator “arrived five minutes later, and he and (the victim) had sexual contact.”  The parents, asserting claims based on Title IX, argued unsuccessfully that two school districts, which the perpetrator attended, were deliberately indifferent.  The court held that “for a school to be liable under Title IX, the plaintiff must have participated or attempted to participate in the defendant’s educational programs or activities.” Davis v. Monroe County Board of Education.  “(The victim) did not participate—or attempt to participate—in any educational program or activity offered by (the schools)… That places (the victim’s) claim against (the schools) beyond the scope of Title IX.”  The court also ruled that, “deliberate indifference is a high bar that is met only if the school’s response to harassment is clearly unreasonable… a school’s response does not have to be perfect or even successful. Instead, for the school to be liable, its action (or inaction) must constitute an official decision’ to permit discrimination, like when a school learns of a problem and does nothing.”  Dismissal was appropriate because “the actions taken by (the schools) demonstrate that this is not a case when a school learns of a problem and does nothing.” (1) They contacted both students’ parents, the Indiana Department of Child Services, and the Sheriff’s Department. (2) They worked with the victim’s parents and came up with a safety plan.  (3) Teachers were to monitor her interactions with the perpetrator and were informed that her mother wanted them kept apart. (4) School officials reported back to the victim’s mother about these measures. E.C. v. Community School Corporation of Eastern Hancock County

— In Washington State, school officials in the City of Olympia are bringing back school resource officers, quickly answering the demands of parents after 2 lockdown incidents in the early days of the school semester.  “The superintendent and board president announced their intention to bring back these types of community police officers to campuses.”

— In New York, students at Spring Valley High School are holding demonstrations in support of bringing back the school resource officer who was removed as a result of a “political scuffle” between the Mayor of Spring Valley and its Police Chief. 

— In New York, officials for the Buffalo Public Schools and the city police are considering new policies for school sponsored events after four persons were arrested in connection to a series of fights during a high school football game.  The incidents led to the decision to end the game.  The schools now wish to “implement some zero tolerance policies so that all of our spectators know that we’re not gonna tolerate any unacceptable behavior.”  One policy under consideration is to “require all spectators to be accompanied by a parent. Anyone under the age of 18 would have to have a parent with them.”

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Safety Law News for September 8, 2023

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— In Pennsylvania, the Commonwealth Court of Pennsylvania, ruled that a teacher was entitled to an award of ongoing total disability benefits for an injury suffered in the classroom.  The school district was challenging the decision by the Workers’ Compensation Appeal Board to grant the claim and impose penalties in a claim filed by a special education teacher who was injured when a student scratched and her punched in the abdomen, causing an abdominal contusion.  In addition to the physical injuries, the teacher claimed psychological injuries as she was eight-months pregnant at the time.  The Workers’ Compensation Board agreed with the attending physician that both injuries “resulted from a physical injury sustained in the course of her employment.”  The court agreed with the school district that, “the claimant bears the burden of establishing a right to workers’ compensation benefits and proving all necessary elements to support such an award.”  However, the court reasoned that because the teacher “receive(ed) treatment for her work injury, and the symptoms related thereto… the (Workers’ Compensation Appeal Board) did not err in applying the physical/mental standard in this matter.”  Moreover, the court held that the teacher “subsequently developed PTSD that the accepted medical evidence related to the work injury.”  School District of Philadelphia v. Shahyra Smith

— In Arkansas, officials in the Fort Smith School District are implementing “additional safety protocols after responding to two incidents involving (a gun and knife) since the start of the school year.”  “Dean positions have been added to Northside and Southside high schools this year to assist with student discipline, allowing assistant principals to focus on campus safety and improving the school environment.”  And “the district is looking to hire four more school resource officer positions.”

— In Ohio, officials in Xenia “recently authorized the execution of memorandums of understanding (MOUs) with Xenia Community Schools, the Greene County Career Center, and a multi-party MOU with Legacy Christian Academy, St. Brigid School, and Summit Academy Community School for the provision of school resource officers (SROs).”  “The proposed pay plan — 60 percent from the school and 40 percent from the city — for each SRO takes into consideration the amount of time the SRO spends in the school each day with the average school year of 1,440 hours.”

— In New York, officials are sounding the alarm in the Orchard Park Schools of the increase by students using illegal substances, including (1) the accidental ingestions of edibles; (2) use of marijuana; (3) vaping.

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Safety Law News for August 31, 2023

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— In Texas, the United States Court of Appeals, affirmed the ruling of the lower court granting summary judgment to the officer and the school district in a lawsuit where parents alleged that the officials intentionally discriminated against their child based on the student’s disability.  “(The) school resource officer tased a special-needs student who physically struggled with school staff while attempting to leave school following a violent episode (in which he) …punched (a) student in the chest before storming out of the classroom.”  The student’s mother sued the officer and the school district, bringing constitutional claims under 42 U.S.C. § 1983 and disability discrimination claims under the Americans with Disabilities Act and the Rehabilitation Act.  The appellate court agreed with the parents that they were not required to exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA) before bringing their claims in district court.  Following guidance by the U.S. Supreme Court in Perez v. Sturgis Public Schools, the appellate court announced that, “when a plaintiff seeks a remedy IDEA cannot provide (e.g.,) compensatory damages…his claim was not subject to the IDEA’s exhaustion requirement.”  However, dismissal of the lawsuit was proper because, “plaintiffs can only recover damages under the ADA or § 504 upon a showing of intentional discrimination…(which) require something more than deliberate indifference… intentional discrimination requires at least actual knowledge that an accommodation is necessary… While (the SRO) may have used poor judgment when he tased (the student), (the parents) have failed to create a genuine dispute on the issue of whether (the SRO) intentionally discriminated against (the student) by reason of his disability.”  J.W. v. Paley

— In Minnesota, the law enforcement community along with members of the legislature are calling for a special session to repeal a recent amendment in school resource officer law.  The language of the amendment prohibits school resources officers from “using prone restraint and comprehensive restraint on the head, neck and across most of the torso.”  This language is creating timidity and confusion about liability despite assurances by the Minnesota Attorney General that the law as amended still allows SROs to use “reasonable force” to prevent injuries or death.  The preferred solution is to “revert back to the original language in the statute.”  The Attorney General is correct, e.g., that the immunity provisions of Minnesota law are in full application, supporting well-selected, well-trained, well-supervised officers restraining students under the law as amended.

— In Virginia, Fairfax County school resource officers are being trained to handle the spike in violence and drug use they’ve seen since the start of the pandemic.

— In Texas, officials in the Northwest ISD school board passed a resolution to declare a good cause exception for the House Bill 3 armed security officer requirement, because the district does not have the funds to meet the mandate.  The provisions of HB 3 permit noncompliance if it “is due to the lack of availability of funding or qualified personnel.”  School officials have officers in the secondary schools, but not in the 22 elementary schools.

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Safety Law News for August 29, 2023

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— In Pennsylvania, the United States District Court refused to dismiss a lawsuit against a municipality and an SRO for violating the Fourth Amendment rights of a student.  The student was injured when the SRO deployed a taser to prevent the student, who broke away from the SRO, from running away from a fight in the school cafeteria.  The court’s refusal to dismiss the case was due solely to the failure of the municipality “to provide guidance to officers on the use of force, and specifically the use of tasers, against minors in the school setting.”  Under the appropriate legal standard, “the lack of guidance on the use of tasers on minors in the school setting amounts to deliberate indifference.”  The court agreed with the student that, “the interactions between SROs with minors in schools is vastly different than everyday encounters between police officers and adult citizens. Thus, … the need for a policy or guidance specifically tailored to the use of force against minors in schools, particularly when SROs are equipped with tasers, was so obvious that the failure to enact one amounted to deliberate indifference and resulted in harm to (the student).”  Brown v. Lower Swatara Township

— In Maryland, the Baltimore City Schools have upgraded its resources and budget for school safety.  It has invested in a high-level weapons detection system.  All city schools will be equipped with exterior locking systems.  A new weapons detection system will alert officials if any firearms are on campus.  And salaries of school resource officers in city schools have also been increased.

— In Texas, the legislature has enacted three new polices for K-12 campus safety.  House Bill 114 requires districts to remove students from class and place them in an alternative school if they possess or use an e-cigarette (vapes), or if they sell or deliver vapes to someone else.  If the alternative schools are at capacity, HB 114 allows schools to suspend students. “It applies on school campuses, within 300 feet of school property or at school-sponsored or activities on or off school property.”  House Bill 3 mandates that districts must have a district peace officer, school resource officer or commissioned peace officer at every school during school hours and establishes other safety protocols and requirements.  Districts can claim an exception to the law if they do not have enough funding or qualified police officers to comply, but the school board must create an alternative plan, such as having school marshals or qualified employees serve as police officers.  Senate Bill 763 allows school boards to authorize the district to use part of their annual school safety allotment to hire chaplains to work at their campuses.  Chaplains can serve as mental health personnel, provide behavioral health services or assist with programs related to suicide prevention and intervention.

— In Colorado, at least 14 school resource officers will be at campuses for the Denver Public School District, one of the most significant changes since the gun-related incidents the previous academic year.  The policy is not new; it is a return to school district policy prior to 2020.  In 2020 school officials removed the officers.

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Safety Law News for August 25, 2023

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— In Massachusetts, the United States District Court held that a principal, vice principal, and security officer were entitled to qualified immunity from liability from a student’s claims asserting the Equal Protection Clause and Due Process Clause.  The parents argued that the decision by the school officials to treat an incident on a school bus involving sexual contact between their child with an older student as a disciplinary infraction was unlawful because it was made “despite knowing that (their child) was too young to consent to sexual activity, … without consulting school counseling staff, and before any employee had even talked to (their child).”  The parents argued that the school “should have treated (their child) as a potential victim of sexual assault, rather than as a student suspected of a disciplinary violation.”  The court did agree to dismiss the defamation claim involving the student’s education record, holding that the school administrator was “acting within the scope of his official duties” when documenting the discipline in the educational record of the student and could not be liable for defamatory statements “with respect to the notation(s) … or its disclosure to (the student’s) next school.”  Along the same reasoning, the court ruled that qualified immunity was appropriate.  No “cases or statutes (were) sufficiently clear to put a reasonable educator on notice that the actions taken by (the school officials) violated one or more of (the student’s) protected rights…in making decisions about how to investigate the bus incident and how to respond to her involvement.”  Doe I v. City of Northampton

— In Minnesota, the Moorhead Police Department is pausing its school resource officer program.  The reason given surrounds concerns over recent changes in state law on the physical restraint of students.  The new law, “bars school-based resource officers from placing students in certain physical holds, including the prone restraint and “comprehensive restraint on the head, neck, and across most of the torso.”  Moorhead police believe the new constraints “will impact their ability to do their jobs.”  Minnesota Attorney General Keith Ellison issued a legal opinion earlier this week clarifying his interpretation of the recent amendments to statewide school discipline laws, saying the amendments don’t limit the types of force used if they are utilized to prevent bodily harm or death.

— In Wisconsin, the Green Lake School Board is amending its agreement with the city of Green Lake for a school resource officer.  Two issues are pending.  The first issue involves supervision of the officer.  The proposal states that “(w)hile the officer was on duty as an SRO, they would be under the control of the school administration, but would still answer to the police chief during their other hours of duty.”  The second issue involves parental notification.  Under current policy the school “tries to contact parents” when a student is being interviewed by the SRO as a part of an investigation at the school.  But administrators say that “it is not always practical to do so.”

— In Minnesota, officials in the Owatonna Public Schools are making known their security upgrades for upcoming school year.  “Every school in the district now has a single secure entrance. Many of the buildings’ external doors are wired to alert someone at in the district if they are propped open. School offices are now equipped with lock-in buttons to prevent someone from entering the rest of the building if they pose a threat. The new building is also equipped with over 140 security cameras and an AI tracking system to help staff spot an intruder.”

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Safety Law News for August 21, 2013

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— In New York, the Supreme Court affirmed the dismissal of a case brought by parents of a student upon whom a teacher fell and injured.  The injury occurred when the teacher “started sending the children back to their seats, and as she went to hand out papers, she lost her footing and tripped over one of their feet.”  The court stated that the rule of law is clearly established, that, “(t)he duty of care owed by a school to a student derives from the simple fact that a school, in assuming physical custody and control over its students, effectively takes the place of parents and guardians.”  The court ruled that it is a “duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  However, the rule of law makes an important exception for injuries that occur in incidents that happen “in so short a span of time that even the most intense supervision could not have prevented it.”  Therefore, the court affirmed the lower court ruling that, “lack of supervision is not a proximate cause of the injury in this case.”  K.L. v. City of New York

— In Colorado, the Denver Police Department hosted a round-table with School Resource Officers to discuss the return of SROs in schools in this fall.  The officers “have recently completed the 40-hour National Association School Resource Officers Basic training, which fulfills Colorado POST training requirements. Moreover, they have received other training that is beneficial for their work in schools, including de-escalation techniques, effective communication with youth, conflict resolution, crisis intervention, and a well-defined decision-making model.”

— In Indiana, the Northeast Sullivan Schools have created their own in-house police department.  The Superintendent says that, “(w)e decided to establish our own department so we did not have to contract with a separate company. This gives us control on who we hire and have the same people each day.”  Other school districts (more than 40) are also creating in-house police departments in the state.

— In Tennessee, House Bill 7023 proposes a new state-wide policy that would allow law enforcement to deploy an SRO even if the school district does not want them.  The bill stipulates “if a local board of education has not entered into a memorandum of understanding (MOU) with a law enforcement agency to assign a school resource officer at each school within the local board of education’s control, then a law enforcement agency with jurisdiction may assign at least one (1) law enforcement officer to serve as a school resource officer at the school.”  HB7023 is part of a special legislative session on public safety.