School Safety Law Blog – Page 69 – News and Information for School Safety

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Safety Law News for February 20, 2018

by Bernie James • February 20, 2018

In Ohio, the Ohio Court of Appeals upheld the suppression of statements made to police by a juvenile during an interrogation. The court ruled that the juvenile’s waiver of his Miranda rights was not valid because (1) his first and primary language was Spanish, (2) he had just turned 16 when the interrogation occurred, (3) he was a poor student repeating the ninth grade, (4) he had no previous contact with the police, and (5) school officials did nothing to ensure that suspect’s parents were aware of the situation. [State v. Pablo]

In New Mexico, the United States District Court ruled that a student had a valid claim under Title IX for retaliation when school officials refused to intervene to stop harassment from other students, obstructed the police investigation, and told her parents that a school transfer would not go through until the family signed documents releasing the school from all civil claims. [Higgins v. Saavedra].

In California, the United States District Court ruled that a school district bears a legal duty to exercise reasonable care in supervising students and may be held liable for injuries caused by the failure to exercise such care. The court refused to dismiss a claim by a student that the school’s inadequate supervision allowed a known bully to harass and inappropriately touch him. [Wormuth v. Lammersville Union School District].

In New York, a New York State senator is calling for the upcoming state budget to fund school resources officers in all New York schools. Under the proposed plan, the state would incentivize school districts to hire the officers and move to convert existing part-time positions into full-time positions.

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Safety Law News for February 16, 2018

by Bernie James • February 16, 2018

In Pennsylvania, the Commonwealth Court of Pennsylvania ruled that school officials had reasonable suspicion to compel a urinalysis drug test and later to terminate a teacher, who tested positive for cocaine metabolites. [Metz v. Bethlehem Area School District]

In Wisconsin, the Assembly Committee on the Judiciary held a public hearing for Assembly Bill 693 (AB 693), also known as the Teacher Protection Act. The legislation proposes to require schools to notify police about any assault; require police to notify a school when a student has been taken into custody; give teachers the right to remove students from classrooms; and allow teachers to use reasonable and necessary force with civil immunity.

In South Carolina, after new officers from the Conway Police Department graduate from the police academy, they are required to spend the last two weeks of field training in local middle and high schools, shadowing school resource officers. The new policy is designed to improve relationships with students and help prevent crime in and outside the classroom.

In California, the role of school-based law enforcement in San Jose is changing under a new agreement between school districts and the police department. Effective immediately, the resource officers are to focus on safety and security of students and staff and not routine student misbehavior.

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Safety Law News for February 14, 2018

by Bernie James • February 14, 2018

In Washington D.C., the U.S. Department of Education and the Trump Administration has decided to discontinue the prior policy of investigating civil rights complaints from transgender students barred from school bathrooms that match their gender identity.

In Maryland, the United States Court of Appeals, ruled that a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days earlier constituted an excessive use of force in violation of the Fourth Amendment. [E.W. by and through T.W. v. Dolgos]

In Indiana, the Indiana Court of Appeals ruled that a school teacher did not violate the rights of a student by spanking or smacking the student’s butt to induce the student to sit back down in her seat in an effort to manage and maintain order over her classroom. The court reasoned that Indiana’s Education Code had authorized the use of moderate corporal punishment by teachers in schools. [Fort Wayne Community Schools v. Haney].

In Pennsylvania, following the thwarted attempt of a school shooting in Uniontown School District last month, local superintendents in Fayette County have stressed that the most important tool to ensure student safety is communication.

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Safety Law News for February 9, 2018

by Bernie James • February 9, 2018

In California, the United States District Court ruled that a high school student must be allowed to kneel during the playing of the national anthem at school-sponsored events and cannot be punished by school officials for refusing to stand. [V.A. v. San Pasqual Valley Unified School District].

In Massachusetts, the United States District Court ruled that a school could be liable under Title IX for being deliberately indifferent to a student’s peer-to-peer sexual discrimination by using restorative justice mediation rather than direct intervention. The court held that even if the mediation was “timely and reasonable,” it could still amount to deliberate indifference under the law. [Harrington by Harrington v. City of Attleboro]

In California, the United States Court of Appeals, ruled that a school uniform policy requiring clothing with a logo consisting of the name of the school, the school mascot, and the motto “Tomorrow’s Leaders,” violated the First Amendment. The court ruled that the policy exemption, which allowed only the uniform of nationally recognized youth organizations (Boy Scouts and Girl Scouts) was an unreasonable restriction on the speech of students. [Frudden v. Pilling].

In California, the United States District Court upheld a decision by school officials to discipline students for racist and derogatory content posted on an Instagram account that was directed at the school. The court held that although the speech originated off-campus, it was reasonably foreseeable that it would reach the school and create a risk of a substantial disruption. [Shen v. Albany Unified School District].

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Safety Law News for February 07, 2018

by Bernie James • February 7, 2018

In Ohio, the Weathersfield Board of Education is restarting its school resource officer program after a nearly 20 year hiatus. Weathersfield Schools Superintendent said the officer will help the district with many issues that involve students while providing an opportunity for kids to have pleasant interactions with a member of law enforcement rather than only seeing officers during difficult or troubling circumstances.

In Indiana, each of the 52 public and private schools in La Porte County have been equipped with new radio equipment allowing instant access to emergency responders. In case of an emergency, anyone in the school office can press a button and open a line of communication not just to the 911 dispatch center but to every first responder in the county, including passing patrol cars.

In California, the Val Verde school board voted 4-1 to form a school police department. The district has 20,000 students in three high schools, four middle schools, and 12 elementary schools.

In New York, state legislators have sent to the Governor a bill that would require private schools to follow the same child abuse reporting rules as public schools. The legislation (A5371/S4342) would require all schools to report suspicions of abuse by any staff, faculty or volunteer in the school environment, whether in a classroom, on a field trip or bus, or during extra-curricular activities.

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Safety Law News for February 2, 2018

by Bernie James • February 2, 2018

In California, officials in Bakersfield are assigning two full-time officers to work with at-risk students to combat high rates of absenteeism. The new program is a TRIAD-based approach, designed to build a positive relationship between students and law enforcement and provide mentoring to at-risk kids who may not have positive adult role models in their lives.

In Kentucky, officials for Marshall County High School in Benton are implementing a new policy after 21 persons were injured by gunfire on January 23. All students must have their bags, backpacks and purses checked before entering the school.

In Utah, officials are concerned that since HB 239 went into effect, truancy has risen dramatically. Under the new law, juveniles cannot be referred to juvenile court for most class C misdemeanors like habitual truancy, disorderly conduct, as well as status offenses. Legislation has been introduced to modify HB 239.

In South Carolina, the Horry County School Board has approved the placing of armed security guards in all 27 elementary schools. Local schools already have armed guards and school resource officers in middle and high schools.