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Safety Law News for March 17, 2023

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— In Maryland, the United States District Court ruled that a school district and educators were not immune from a lawsuit brought by parents for the sexual abuse of their six-year old daughter committed by two of her first-grade classmates while at school.  The court held that, “a school is under a special duty to exercise reasonable care to protect a pupil from harm.”  Both Title IX of the Education Amendments of 1972 and Maryland tort law provided a basis for liability because the educators had notice of the abuse.  The court rejected arguments that the Paul D. Coverdell Teacher Liability Protection Act provided protection from liability.  The court agreed that the federal law, “immunizes any teacher, including a principal or administrator, for harm caused [to a student] by an act or omission of the teacher on behalf of the school if the teacher was acting within the scope of the teacher’s employment or responsibilities to a school.”  But the court ruled that “the immunity, however, is not absolute.”  As to Title IX, the Coverdell Act, “does not apply to any misconduct for which the defendant has been found to have violated a Federal or State civil rights law.”  As to Maryland tort law, “the Coverdell Act states (that) a State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees.”  The court held that Maryland Statute CJ §5-518 defeats immunity for the school district.  Robinson v. Board of Education of Washington County

— In Nevada, the legislature is looking to repeal the Restorative Justice Law, which was passed in 2019.”  Assembly Bill 285 will authorize the removal or suspension of “a student who engages in certain infractions, such as violent behavior or bringing drugs to school.”  Lawmakers are responding to “an overwhelming number of educators now wanting [restorative justice] removed.”

— In Illinois, the Evanston Township High School District is considering an new policy to “grant the Evanston Police Department access to over 500 [high school] surveillance cameras in the event of an emergency.”  The City Council has approved the policy in an intergovernmental agreement.

— In Tennessee, the Governor is proposing sweeping changes to enhance school safety across Tennessee, requiring all K-12 public schools to keep their exterior doors locked or risk losing escalating amounts of state funding with each violation.

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Safety Law News for March 15, 2023

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— In New York, the Supreme Court of New York denied the motion of educators to dismiss the lawsuit of a student for sexual abuse by a teacher/coach.  The court instead ruled that the student was entitled to summary judgment.  The court rejected defenses by the school district, including, (1) the student reached the age of consent during the period of abuse; (2) the student filed the lawsuit too late and that the state Child Victims Act did not revive it; (3) school liability was mitigated by the failure of the student to promptly report the incidents to school officials; and (4)  liability was mitigated because “instances of kissing and sexual intercourse took place off campus.”  The court ruled that, “Schools are under 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.”  “None of the legislative history suggests that the Legislature intended to limit revival [of claims]… after the relevant statute of limitations has run.”  “There is no legal support for the proposition that [educators’] duty to provide supervision of its students, or its duty to supervise its employees, is delegable to its students such that they are under a duty to mitigate by promptly reporting a teacher’s sexual abuse.”  “[T]he location of the abuse is not dispositive in that schools may be held liable where those acts are preceded by inappropriate behavior that occurred on campus.”  SR v. Gates Chili Board of Education

— In Wisconsin, the legislature is considering two proposals to enhance campus safety.  Assembly Bill 69 requires that if 100 incidents occur during a semester and at least 25 of those incidents result in an arrest, a school must employ an armed school resource officer by the following school year.  Assembly Bill 53 will require schools to collect and report information about crimes.  The State Assembly has approved both AB 69 and AB 53, calling AB 53 “a school transparency bill [because] parents deserve to know if their children’s schools are failing.”

— In Tennessee, Senate Bill 141/House Bill 127 would allow in emergency situations “school resource officers, school security officers, and any other law enforcement officers who are certified to do so, [to] apply “mechanical restraint[s]” to special education students.”  First, officers will have to go through a “behavior intervention training” program.

— In Ohio, the Groveport Madison School Board is considering a comprehensive campus safety plan in response to gun incidents that have parents calling for more aggressive policies.  “The safety plan lists metal/weapon detectors and detection wands as additional strategies, along with recommendations for more social workers, safety and security staff, school resource officers, and school nurses.”

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Safety Law News for March 13, 2023

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— In California, the Court of Appeal of California reversed the dismissal of a lawsuit brought against a teacher who “had a sexual relationship with one of his students which included sexual activities in his classroom.”  The trial court granted the motion to dismiss, reasoning that “there was no evidence the District knew or should have known that (the teacher) posed a risk of harm to students.”  On appeal, the case was remanded back for trial.  The appellate court declared that, “the (school) had a duty to take reasonable measures to protect (the student) from sexual abuse by (the teacher). This is so because the (school) had a special relationship with (the student)…We further conclude that whether the (school) breached its duty to (the student) is a question for a trier of fact (for the jury to decide).”  On the duty issue, the court held that, “a school district and its employees have a special relationship with the district’s pupils, a relationship arising from the mandatory character of school attendance and the comprehensive control over students exercised by school personnel…Because of this special relationship…the duty of care owed by school personnel includes the duty to use reasonable measures to protect students from foreseeable injury at the hands of third parties acting negligently or intentionally.”  Doe v. Anderson Union High School District

— In Indiana, Bartholomew County school officials and the Bartholomew County Sheriff’s Office are adding two additional DARE instructors.  The DARE program (Drug Abuse Resistance Education), is a course that “teaches students good decision making skills in order for them to lead safe and healthy lives.”  The officials believe that, “(t)he DARE program is a corner stone of the relationship between law enforcement and the community’s youth.”

— In Ohio, the City of Middletown rejected a grant from the state to purchase body cameras for its officers, including police deployed in schools.  The Middletown Division of Police wants to procure them.  City officials are refusing because “because it doesn’t have the money to pay the salary and benefits for one or maybe two redaction specialists.”

— In Nevada, officials in Carson City are hosting a gang awareness and prevention workshop for parents. “Two ex-Carson City gang members attended the class and spoke to the parents about their real live experience as a gang member, gave them tips on what to look for, and how to address the problem in their family.”

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Safety Law News for March 10, 2023

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— In Iowa, the United States District Court dismissed a lawsuit against a police officer and a school district brought by a student who was taken down to the ground and briefly handcuffed after engaging in behavior that the officer believed was threatening toward the school principal.  The court observed that were two competing governing standards under the Fourth Amendment.  Under  Graham v. Connor, 490 U.S. 386 (1989), “courts must consider: (1) the severity of the crime at issue; (2) whether the suspect posed an immediate threat to anyone; and (3) whether the suspect was actively resisting arrest or attempting to flee.”  Under New Jersey v. T.L.O., 469 U.S. 325 (1985), “a seizure is justified at its inception if there are reasonable grounds to believe that the student has violated or is violating either the law or the rules of the school. A seizure is reasonable in scope if it is reasonably related to the objectives of the investigation and not excessive in light of the student’s characteristics and the nature of the alleged infraction.”  The court concluded that “(u)nder both the Graham and T.L.O. standards, the (officer’s) conduct was objectively reasonable.”  “(The student’s) behavior culminated in him moving toward (the principal) while yelling, clenching his fists, and raising his arm. In these circumstances, (the officer’s) use of force to take (the student) down and briefly place him in handcuffs was aggressive but not unreasonable, particularly given (the student’s) large size and strength for his age and (the officer’s) awareness that (the student) had already made physical contact with (the principal) and another school employee a few minutes earlier.”  M.C. v. JAMES BENNETT, THE CITY OF BETTENDORF, & BETTENDORF COMMUNITY SCHOOL DISTRICT, United States District Court, S.D. Iowa, Eastern Division. December 1, 2022; 2022 WestLaw 18956169.

— In North Dakota, the Fargo Police Department and the West Fargo Public Schools are broadening the roles of the police officers deployed to the campuses to combat bullying.  The officers are trained to understand that “bullying and fights can be a teaching moment for all involved.”  The school resource officer program places special emphasis on officers as an “asset that is in place to help students.”

— In Massachusetts, the Somerville School Committee voted to call for the permanent removal of police from the city’s public schools.  The new policy would not deploy officers at schools, but would summon police for emergency situations. “School discipline would be the responsibility of school administrators. The school community would get to know the officers during structured meetings such as coffee hours, workshops and during extracurricular or athletic activities.”

— In Washington State, an agreement between six Wenatchee school districts and Chelan County “will allow school resource officers to partner with the county jail’s narcotics-detecting dog and her handler.”  The dog has been trained to detect six odors, including marijuana, and fentanyl.

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Safety Law News for March 6, 2023

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— In Maryland, the United States District Court refused to dismiss a lawsuit brought by students who alleged that they were improperly subjected to video recording at school without their knowledge or consent while they were dressing for school-sponsored event. The court held that the students had reasonable expectation of privacy in principal’s office.  The unauthorized video recording constituted a “search” within the meaning of the Fourth Amendment and the case of New Jersey v. T.L.O., 469 U.S. 325 7 (1985).  Further, the court refused to grant educators qualified immunity because the rights granted students under the Fourth Amendment were clearly established.  “Even before considering (students’) allegation that the (educators’) motivation was sexual in nature, there is no basis to conclude that the video recording was either justified at the inception or conducted in a manner reasonably related in scope to circumstances that would justify the search.”  Does 1-22 v. Board. of Education of Prince George’s County

— In Denver, high school students at Denver Public Schools staged a “walk-out” to protest the absence of police on their campuses.  Denver Public Schools did away with the school resource officer program in 2020.  A growing, diverse body of students now want police to return.  “I shouldn’t have to fight for SROs to be in the building,” a student of color commented. “I should feel safe enough without them, but we have had way too many instances where I feel SROs could have been a help in our building and they just weren’t there… I agreed when they removed SROs in 2020, but now I am at a school that has been affected by gun violence and I don’t feel safe.”

— In Massachusetts, campus safety committees at the Timberlane and Salem schools are assessing crisis policies and implementing new procedures.  Lockdown protocols for active threats and ALICE training are being installed. “All four Timberlane towns — Plaistow, Atkinson, Sandown and Danville — and their law enforcement agencies are involved with the new response plan.”

— In Connecticut, Raised Bill No. 1095 has been introduced to shift duties among local agencies who protect students in school.  If enacted, the provisions of the law would, “require Connecticut school districts employing SROs to develop a set of policies covering the use of restraints and firearms by those officers, as well as their ability to make school-based arrests. The bill would also give school districts the option of transferring some of the duties of SROs to other trained staff members, including school counselors, social workers, psychologists and aides.”

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Safety Law News for March 3, 2023

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— In South Carolina, the United States Court of Appeals affirmed the invalidation of South Carolina’s disorderly conduct law.  The law, prohibiting disorderly or boisterous conduct in public places and prohibiting the use of obscene or profane language within earshot of the school, was unconstitutionally vague in violation of Due Process Clause.  The appellate court agreed with the lower court that, “(t)he disorderly conduct law fails to give South Carolina’s schoolchildren fair warning about what it prohibits and vests practically unfettered discretion in those charged with its enforcement. We thus agree with the district court that the portions of that law prohibiting disorderly, boisterous, obscene, or profane language within earshot of a school are unconstitutionally vague as applied to elementary and secondary school students.”  Carolina Youth Action Project v. Wilson

— In Wisconsin, Assembly Bill 69, introduced by the legislature, would require schools with unsafe campuses to deploy police.  The text of the legislation in pertinent part: requires each public school, including a charter school, to report any incident that occurs in a school building or on school grounds to local law enforcement.” The bill provides that, “if 100 or more incidents occur in and on the buildings and grounds of a public school…and at least 25 of those incidents…result in an arrest, the school board shall, no later than the first day of the next school year, employ or contract for the employment of a law enforcement officer as an armed school resource officer to work at the school.”

— In Washington, D.C., “lawmakers are backing a proposal that would keep police officers in schools, reversing a measure that sought to remove law enforcement from campuses by 2025.”  “In January, police said a man who worked with the city’s Safe Passage Safe Blocks program, an effort designed to keep students safe on their commutes to and from school, was killed in a shooting outside Coolidge High School in Northwest Washington. Before that, Andre Jamar Robertson Jr., 15, died in an October shooting near Aiton Elementary School in Northeast.”  Some officials believe that, “Alongside teachers, counselors, and mental health pros, trained & trauma-informed SROs are important members of school communities.”

— In Connecticut, Waterbury schools Superintendent defended having school resource officers in city schools before state legislators, testifying favorably on an Education Committee bill that proposes to require agreements between school districts and local police departments on school resource officers to specify procedures relating to the restraint of students, use of firearms and school-based arrests.