by Bernie James • • Comments Off on Safety Law News for January 19, 2018
In Illinois, the Illinois Court of Appeals upheld the power of the juvenile court to expand conditions of probation for an adjudicated delinquent minor to include the removal of any references to gangs, guns, or drugs on the minor’s social media accounts. [In re R.H.]
In Georgia, the United States District Court ruled that the search of a student’s cell phone without a warrant by school officials did not violate the Fourth Amendment. “Though technology has changed since T.L.O. was handed down, a school official’s search of a student’s cell phone on school property and during the school day still fits within the framework announced in T.L.O.” [Jackson v. McCurry]
In New York, the United States District Court ruled that school officials did not violate the rights of a special needs student by twice suspending him for more than ten days without any kind of pre-suspension hearing. The student was suspended for engaging in “extremely violent and unsafe behavior.” The court held that because the student was placed in an alternative learning program, he “has not been denied entitlement to public education.” [Patrick v. Success Academy]
In Florida, the District Court of Appeal of Florida overruled the adjudication of a student for violating a state law that makes it “unlawful for any person … [k]nowingly to disrupt or interfere with the lawful administration or functions of any educational institution.” Florida Statutes Section 877.13(1)(a). The court held that a fight in a school hallway lasting less than one minute is not the type of “flagrant or provocative behavior that rises to the level of specific intent to disrupt the function of the school.” [M.S. v. State of Florida]