Safety Law News for August 10, 2015

  • In Tennessee, the Court of Criminal Appeals has reversed the conviction of a parent who told school officials, “I’m going to come back in here with an AK–47 … I’m going to kill everybody in here and then kill myself.” The court ruled that under the circumstances no rational trier of fact could conclude that the parent made his statements knowing that they would cause school personnel to fear imminent serious bodily injury. [State v. Watts]

Safety Law News for August 4, 2015

  •  In Minnesota, the Court of Appeals has reversed the expulsion of a student disciplined after a knife was found in her purse during a search of her locker. The court ruled that the expulsion violated the Pupil Fair Dismissal Act. [In re A.D.]
  • In Iowa, the Court of Appeals upheld the conviction of a student for possession of a firearm and carrying weapons on school grounds. The court ruled that the administrator’s search of the school-issued athletic equipment bag was reasonable and did not violate the Fourth Amendment. [State v. Lindsey].

Safety Law News for July 28, 2015

  • The Superior Court of the Virgin Islands has applied the U.S. rule of law to a student search case. The court ruled that a school official’s search of student backpacks for weapons was valid on mere reasonable suspicion. The assistance of two school resource officers did not compromise the authority of the educator. [People v. T.S.]
  • In North Carolina, the state court of appeals has ruled that Miranda warnings were not required in the questioning of a 15 year-old student by educators. The court ruled that the presence of a school resource officer at the request of administrators does not automatically convert the questioning of a juvenile into a custodial interrogation. The court ignored the fact that the SRO did ask a few questions. [In re R.B.L.]
  • In Georgia, the court of appeals has ruled that a teacher is immune from liability for holding a student in a headlock for a period of time in front of other students in a seventh-grade language arts class. The court found that although the incident might demonstrate the teacher’s “frustration, irritation, and possibly even anger,” evidence of malice or intent to deliberately hurt is required to overcome the presumption of immunity in Georgia. [Tuggle v. Rose]

Safety Law News for July 23, 2015

  • In North Carolina, the Wake County school board gave final approval Tuesday to a new “technology responsible use” policy that will require parental consent before students can use technology in school. The policy covers use of social media accounts, including Facebook and Twitter.
  • In Georgia, the Coweta County Board of Education approved a cyberbullying policy. The policy reaches all electronic communication – whether or not it originates on school property or with school equipment – if the act is directed at students or school personnel, is malicious and intended to harm their safety or substantially disrupt the orderly operation of school, and creates a reasonable fear of harm to the students’ or school personnel’s person or property.

 

 

 

Safety Law News for July 17, 2015

  • In New York, the NYPD is eliminating its school unit patrol – a specific unit trained to deal with school emergencies and other issues that arise – and will instead rely on the officers assigned to respective neighborhood beats to respond to the schools.

Safety Law News for July 13, 2015

  • In Idaho, the Garden Valley School District is at least 45 minutes away from its police department. Officials have purchased firearms and trained six employees to use them in an emergency.
  • In Alabama, the number of Birmingham high school students arrested on campus has dropped dramatically over the past year – a 63 percent decline. SROs have shifted their focus from being reactive by making arrests to being proactive by mentoring and recommending resources.
  • The Tennessee Bureau of Investigation has released the results and statistics of a three year study on school crime over the past three years. And studies show, the numbers are down – 14 percent in the past three years. Effective use of the SRO is receiving the credit for the downward trend.