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Safety Law News for April 5, 2024

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— In Colorado, the Colorado Supreme Court affirmed a student’s adjudication of delinquency for possession of a handgun as second-time juvenile offender and possession of a weapon on school grounds.  The court held that the search of the student conducted on school grounds in accordance with an individualized, weapons-related safety plan by a Behavioral Assessment Team was reasonable under Fourth Amendment.  The appellate court reasoned that because of the nature of the multi-agency threat assessment process, implementation of the safety plan was complete in itself.  “Additional individualized suspicion stemming from the student’s behavior is not required.”  Because the safety plan was individualized, the student had a “substantially diminished expectation of privacy because the safety plan established that his property was subject to search.”  After acknowledging the legitimacy of behavioral threat assessments, the appellate court noted that, “we recognize the special responsibility that schools have for all students in their custody during the school day…. This responsibility requires schools to balance the interests of each individual student against their broader obligation to keep all students safe and to provide an appropriate learning environment for them… The threat assessment process requires a multi-disciplinary team to gather and consider a broad swath of information including… input from school personnel.”  People In Int. of J.G., 2024 CO 16 (2024).

— In North Carolina, the New Hanover County Board of Education is calling for a new committee focused on school safety.  Two incidents are prompting the decision.  “In February, a father was charged after a gun was found inside a bag brought by a preschool student at Rachel Freeman School of Engineering. In March, a student at Laney High School was charged after a school resource officer allegedly found a gun in the student’s possession.”

— In Illinois, officials in the Chicago Public Schools are seeking public feedback in a survey as it prepares to remove police officers from its campuses.  The hope going forward is for a safety policy based upon an “holistic” approach.

— In California, an ad hoc committee made up of Santa Rosa City Council members and Santa Rosa City School Board trustees have created a plan to bring police back to its schools.  The mayor says “the funds aren’t there.”  “Students, parents and staff concerned about safety at Santa Rosa City Schools have been pleading for the return of campus police… since the fatal stabbing of a 16-year-old on the Montgomery High School campus last year.”

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Safety Law News for March 20, 2024

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— In New York, the Supreme Court, Appellate Division, affirmed a ruling that refused to dismiss a case involving the off-campus suicide of a student because school officials “failed to establish that (the student’s) suicide was not a reasonably foreseeable consequence of their alleged negligence.”  The appellate court found that the student “had a lengthy history of enduring bullying by other students, which included being called various derogatory names, threatened with physical harm, and mocked for the tics he exhibited as a result of Tourette’s syndrome…(and that) instances when (the student) would purportedly respond physically to the bullying (he) would then receive discipline and other sanctions…(and that)…complaints were not taken seriously or adequately addressed.”  Therefore, school officials were not immune from potential liability on “the fact that (the student’s) death by suicide occurred off school premises and during summer vacation.”  Spring v. Allegany-Limestone Centra. School District

— In Michigan, the Tecumseh Public Schools are “working on joining the Adrian and Madison schools in having a service dog to work with their school resource officer. Adrian’s SRO, Joshua Perry, has pioneered the program, which uses a non-aggressive dog that can do some typical police dog tasks, such as sniffing out contraband or searching for people, but also be available for therapeutic needs of students and staff.”

— In Minnesota, the Governor signed a bill into law “clarifying the authority of school resource officers (SROs).” The bill, Chapter 78, defines school resource officers, requires they receive training, and clarifies the authority they have to restrain students.

— In Ohio, officials in Jefferson County are responding to a campus incident involving a weapon discovered in the high school by “implementing a new backpack policy and adding a metal detector, which will have students checked for potential weapons or unwanted products.”

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Safety Law News for March 11, 2024

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— In Washington State, the Supreme Court of Washington affirmed that school officials violated the statutory procedural rights of a student by indefinitely suspending him.  Administrators expelled the high school student on an emergency basis for violating its “gang contract,” e.g., wearing clothing affiliated with a gang.  The student also was cited for fighting another student on campus.  Later, officials “converted (the) emergency expulsion into a long-term suspension.”  The notice of this shift stated, “(d)ue to this situation and the involvement in others, aka victim of previous threat, the student will be long-term suspended and placed in an alternative educational setting.”  The Supreme Court of Washington ruled that “students who face suspensions are entitled to due process.”  Moreover, it relied upon state law which provides that, “(an) expulsion or suspension of a student may not be for an indefinite period of time and must have an end date… If a school district enrolls a student in another program or course of study during a suspension or expulsion, the district may not preclude the student from returning to the student’s regular educational setting following the end date of the suspension or expulsion, unless (certain exception apply).”  The Supreme Court of Washington found that none of the statutory exceptions applied and rejected the argument by the school that it has power to declare a discretionary placement decision based on safety concerns.  “Agreeing with the District would undermine the legislature’s intent.”  M.G. by Priscilla G. v. Yakima School District. No. 7

— In Massachusetts, School resource officers in the Mansfield School District have started an after-school video game club for middle-schoolers.  “Twice a week after school, students in grades six through eight (at the Qualters Middle School) play games and enjoy a lively atmosphere. The games include Mario Kart 8 Deluxe, Super Smash Bros., and Teenage Mutant Ninja Turtles: Shredder’s Revenge, among others.”  The Superintendent stated that the “Game Club is yet another example of the impactful opportunities that our school resource officers develop for Mansfield students.”

— In Kentucky, provisions in Senate Bill 2 will strengthen trauma-informed resources in schools by increas(ing) suicide prevention trainings for teachers and school staff.  “According to the latest state data, one in seven high school students reported having seriously considered suicide within a 12-month period.”

— In Texas, the Texas Attorney General “released an advisory clarifying the requirements under state law for school districts to prepare for potential threats to student safety. Texas families equipped with knowledge of the law are more empowered to hold districts accountable for implementing and following the policies essential to keeping children safe at school.”

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Safety Law News for March 7, 2024

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— In Kentucky, the Court of Appeals of Kentucky affirmed the application of qualified immunity in a case involving a student who while “in his fifth-period civics class, drank an alcoholic beverage from a water bottle” and when being taken to the administrative office attempted to leave campus, causing the SRO to take the student down to the floor in a restraint hold.  The appellate court noted that dismissal of the case base upon  qualified immunity was appropriate because, “(p)roviding a safe school environment is “a general and continuing supervisory duty … which depends upon constantly changing circumstances.”  In this case “two breathalyzer tests…showed a blood alcohol concentration (BAC) of 0.126% and the second a BAC of 0.132%. Both exceeded the minimum standard for intoxication.”  Furthermore, “school officials reasonably believed they could not allow (the student) to leave the school while intoxicated.”  The appellate court also applied the state policy that “(p)hysical restraint may only be implemented in a public school or educational program if … the student’s behavior poses an imminent danger of physical harm to self or others.”  Carpenter v. Goodall

— In Colorado, officials in Spring Boat Springs are concerned about dangerous driving during school pickup and drop-off of children at school. They are issuing tickets for moving traffic violations. “(P)eople are rolling through the stop signs. They’re not stopping fully at the stop sign. Also, they need to listen to the crossing guards.”

— In Iowa, the legislature is “proposing a $3 million grant program schools could use to pay for firearms and training for their staff.”  House Study Bill 692, would create a grant program that “schools could use to purchase guns, add infrastructure, pay for training and provide stipends to staff who participate in training to receive a permit to carry weapons on school grounds.”

— In Texas, the Friendswood ISD trustees have approved a school safety policy providing multiple armed and school resource officers for all its schools. The policy is required “to meet the requirements for House Bill 3, which, among a number of safety requirements, calls for districts to have armed officers at all campuses during school hours.”

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Safety Law News for March 1, 2024

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— In Florida, the District Court of Appeal of Florida upheld the adjudication of a juvenile for “written threats to kill or do bodily harm,” in a case involving a social media message.  The juvenile posted a violent image on Snapchat and sent it to a friend with text at the bottom that said, “Don’t go to school tomorrow.”  The appellate court agreed with the lower court that the juvenile “intended the Snapchat as a threat, and the recipient would have understood it to be a threat based on the information revealed at trial.”  Significantly, the appellate court ruled that the state statute criminalizing transmission of threats to conduct mass shootings or acts of terrorism was not unconstitutionally overbroad and did not infringe juvenile’s right to free speech.  “Because (Florida law) deals only with “threats” to commit a violent act, it does not violate the juvenile’s First Amendment rights.”  B.W.B. v. State of Florida

— In Kentucky, “schools could bring in armed veterans and retired police officers to patrol campuses under a measure that advanced through the state Senate Education Committee Thursday.  Senate Bill 2 would allow districts to bring in so-called “guardians.” They would be trained to protect school campuses, especially in active shooter situations. They could be paid by districts or work on a volunteer basis.”

— In Iowa, the legislature is considering a school safety policy that would allow teachers and staff to carry guns in school.  “Staff who carry guns under the bill would be granted qualified immunity in cases of “reasonable force.””  House File 2586 would also “require the state’s largest districts to employ security officers or school resource officers in high school buildings unless the district’s school board votes against it.”

— In California, Assembly Bill 3038 “would require K-12 schools statewide to have at least one armed officer, also known as a school resource officer or SRO, on campus during regular school hours and other times students are present.”  The data show that California campuses have “experienced 96 school shootings between 2018 and 2023.”

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Safety Law News for February 28, 2024

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— In New Mexico, the Court of Appeals of New Mexico held that the actions of school officials leading up to the physical injury a student who returned to school after post-hip surgery fell within the waiver of immunity under state law.  The parent, “provided the school two separate doctor’s notes prohibiting his son from participating in any sports or physical education.”  Even so, “on (the student’s) first day back, his homeroom teacher allowed him to go outside during the recess break,” where he fell, sustaining “a serious injury to his recently operated-on hip.”   The appellate court ruled that the failure of the school “to follow school policy created a dangerous condition in the operation of the school and caused (the student’s) injury, and therefore… waived (school) immunity.”  The appellate court noted that, “a school simply cannot operate in a safe, reasonable, and prudent manner without affording, at the very least, the health and safety services that students have been promised, and upon which parents have relied.”  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Illinois, the Chicago Board of Education voted to remove police from its campuses.  “A new “holistic” plan for school safety…will replace the SRO program.”  “Police will only be allowed outside of school campuses,” supervising school opening and closing.

— In Massachusetts, the Governor rejected requests to deploy the National Guard to address school violence in the Brockton Public Schools.  The Brockton School Board “pleaded in a Feb. 15 letter for the Guard’s “expertise in crisis management and community support” until the district was able to put long-term solutions in place.”  The Governor said that “sending in the National Guard would be an inappropriate response.”

— In Maryland, legislation has been introduced that would require Baltimore City Schools Police officers to carry a firearm while on school property.  Officers with Baltimore City Schools Police have the same powers as city police officers, but are prohibited from carrying their firearms inside schools.  Senate Bill 819 would take away the prohibition.