Safety Law News for 12/3/14

  • New Mexico Supreme Court rules that Juvenile Code 32A–2–14 provides children with greater statutory protection to remain silent than mandated by the federal or state constitutions.  32A–2–14 must be strictly construed and applied to confessions obtained by school officials who interrogate students.  These confessions cannot be used for juvenile delinquency petitions unless the provisions of 32A–2–14 are satisfied.  [State v. Antonio T].
  • In New York, the Rochester School District is negotiating a new contract with the Rochester Police Department to provide school resource officers in schools, with a new focus on restorative justice practices for wayward students.

Safety Law News for 11/26/14

  • Federal court rules that a school resource officer did not violate the civil rights of a special education student when he arrested her, handcuffed her, and transported her to the juvenile detention center following an altercation in the classroom. [J.H. ex rel. J.P. v. Bernalillo County]
  • California appellate court rules that a student’s act in walking away from a school resource officer, while knowing that officer wanted to talk with him, did not constitute resisting a police officer under California law, where juvenile did not physically resist the officer, and officer did not assert any authority or attempt to physically restrain juvenile.  [In re Juan A]
  • Federal court denies summary judgment and qualified immunity to a school resource officer who confronted an unruly student—who posed no threat to the safety of the officer or anyone else – and used unreasonable force by (1) applying an arm-bar to restrain the student, (2) forcing the student up against the metal lockers, and (3) lifting the student off the ground using the arm bar. This conduct resulted in breaking the student’s arm. [Williams v. Nice]

Safety Law News for 11/21/14

  • The North Carolina Center for Safer Schools has released its 2014 Report to the Governor.  It includes the implementation of a new state law that requires that schools have a school safety plan.

Safety Law News for 11/17/14

  • In New Jersey, Hackensack School District officials reached an agreement with the Mayor and City Council to continue the school resource officer program by placing two resource officers in the high and middle schools until the 2018-2019 school year.
  • South Bend, Indiana school officials have continued to implement new policies designed to reduce the overall number of students put out of class for behavioral issues.  A new student code of conduct has been implemented and a culturally sensitive Positive Behavior Interventions and Support program.
  • In Indiana, H.B. 1287 has been introduced.  It would require schools to establish an evidence-based plan for improving student behavior and discipline, as well as report data related to disciplinary and law enforcement action in schools and for the state to work with schools to correct those disparities.

Safety Law News for 11/11/14

  • The school resource officer’s program in Tucson, Arizona schools is on hold because of fears about Arizona’s strict immigration law. Parents and school officials want to make sure their kids’ immigration status will not be questioned at school. 

Safety Law News for 11/4/14

  • Six years after budget constraints forced the Salinas, California Police Department to cut the School Resource Officers program; it received a $3.4 million federal grant to reinstate the program for three years.