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Safety Law News for March 1, 2023

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— In Washington State, the Court of Appeals of Washington reversed the lower court and reinstated the lawsuit of a student who was indefinitely suspended from high school for gang-related activity on campus.  The appellate court held that the educators could not indefinitely suspend the student informally because of a provision of the state education code governing procedures for short-term suspensions.  The appellate court held that this invalid form of school discipline called “blue-slipping” – when schools adopt informal procedures to govern suspensions – “effectively expell(ed) him from school” while ignoring state policy and longstanding rules.  The court rejected the defense of the school that campus safety concerns justified their decision.  “A school district’s policy cannot conflict with state statutes.”  M.G. v. Yakima School District No. 7

— In Michigan, officials in East Lansing will hire three unarmed security officers to patrol its high school, and are seriously considering hiring a police officer to work as a school resource officer following recent violent acts at the high school, the shooting on the campus of near-by Michigan State University and a community survey in which 72% of “students, staff, community members and others… supported hiring a school resource officer.”

— In Alabama, officials in the Jefferson County School District are receiving Narcan kits.  Data show that fentanyl is increasingly showing up in recreational drugs and students are not always aware that they’re getting drugs laced with fentanyl.  Across the state, schools are adding Narcan on campuses and training school personnel.  “According to the Alabama Department of Education, 75% of Alabama public high schools stock Narcan while 53% of middle schools have it on campus and 32% of elementary schools keep Narcan if needed.”

— In North Carolina, Stanly County Schools will soon administer safety checks in the high schools and middle schools using metal detectors.  The security checks will be random.  Officials say that “we (will) not maintain an advanced calendar for the checks nor (will) we share any times for security reasons.”

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Safety Law News for February 27, 2023

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— In New York, the Supreme Court, Appellate Division, reversed and remanded for a new trial a case in which school officials used state and federal special education laws as a defense from liability.  The student, “identified as a student with a disability within the meaning of section 504 of the Rehabilitation Act of 1973 because of deficiencies related to her physical coordination and strength,” was “injured during her participation in the school’s mainstream physical education class…..(when) she was permitted to continue practicing her skills at various (“KiDnastics”)  stations throughout the gym while the gym teacher continued evaluating other students.”  The court refused the defense of the school that, “it would in fact have been illegal for defendant to do anything more than what is expressly directed in the 504 plan – that is, nothing – to supervise the child.”  The court held that, “a school district’s written 504 plan does not operate as a supervision ceiling in all respects and circumstances… a school that is aware of a student’s particular disability that makes him or her more susceptible to injury is required to exercise care commensurate with such disability.”  Jaquin v. Canastota Central School District

— In Illinois, a positive six-month report on the decision by officials in the City of DeKalb to expand its school resource officer program is encouraging the community.  With restorative practices as the focus of school discipline reforms, data show, “lower violent activity in schools that resulted in police involvement.”  Arrests were also down.

— In Indiana, proposed legislation will require police who take a student into custody to make a reasonable attempt to notify the parent “before the child can be moved to a different location.”  Senate Bill 415 also provides that a statement made to police by a juvenile while in police custody is inadmissible if the police communicate false information regarding evidence or false statements regarding penalties or leniency.

— In Virginia, House Bill 2292, if enacted will require localities to provide enhanced retirement benefits to school resource officers. The bill also allows a retired law-enforcement officer to return to work as a school resource officer after a break in service of at least 12 months without impacting his retirement benefits.

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Safety Law News for February 24, 2023

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— In New Jersey, the Supreme Court of New Jersey, construing the “landmark amendments to the Child Sexual Abuse Act (CSAA), Charitable Immunity Act (CIA), and Tort Claims Act (TCA),” held that a former student’s lawsuit alleging sexual abuse while he was student at an elementary school, could continue toward trial.  Before the state law child protection reforms – designed to make more rigorous child protection policies – the lawsuit was at risk of being dismissed.  The court held that the reforms were retroactive, “allow(ing) survivors of child sexual abuse to file a claim any time before reaching the age of fifty-five, or seven years after discovering the harm, whichever is later.”  One aspect of the new laws – “removed the requirement that plaintiffs bringing CSAA complaints against public entities file a TCA notice of claim (to the school) within ninety days of their claim accruing.”  Finally the court said that, “in addition to eliminating the TCA’s procedural requirements for filing a sexual abuse claim against a public entity or public employee, the Legislature narrowed the scope of substantive immunity (such that) immunity from civil liability would not apply to an action at law for damages resulting from sexual abuse which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee, or, for acts committed against a minor, “which was caused by the negligent hiring, supervision, or retention of any public employee.” W.S. v. Hildreth

— In Ohio, the Columbus City Schools – the largest school district in the state – removed police from its schools in 2020.  It uses unarmed, non-sworn safety and security staff members, calling police and child protection agencies as incidents require.  School district records show that in 2022, “thousands of major incidents such as fights, assaults and sexual or gun-related offenses (occurred) that required help from external agencies such as police during the first three months of this school year.”

— In Colorado, proposed legislation will require mandatory yearly training for school resource officers.  “Current law encourages officers to receive training …but doesn’t require it.” SB23-070, “would require school officers to complete mandatory training provided by Colorado’s Peace Officers Standards and Training Department before or within six months of their hiring and once annually after that.” Training would include community-oriented policing concepts, adolescent brain development, social and emotional development, supporting diversity, equity, and inclusion, improving youth decision-making skills, and trauma-informed practices.

— In Texas, the City of Tomball has terminated its three-year agreement to provide school resource officers to Tomball ISD.  The termination of the contract comes as a result of a budget dispute, with a city official confirming that, “this issue has not been about the costs …but the equitable responsibilities.”

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Safety Law News for February 20, 2023

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— In Illinois, the Appellate Court of Illinois reversed the dismissal of a teacher, whose Facebook posts were used as the basis for a “for cause” dismissal.  The Facebook post, reflecting the growing frustration of the teacher with student behavior and school rules, “mock and disparage students, parents, and the profession of teaching,” contained vulgar speech, alluded to students pejoratively, in a manner that “could undermine the trust and positive role-modeling that must exist between teachers and students.”  Even so, the court held that, “the school board’s final administrative decision to dismiss for cause is subject to judicial review.”  Reversal was appropriate because, “(Under Illinois law) before a school board can dismiss a tenured teacher for conduct considered remediable, it must first provide the teacher with reasonable written warning and an opportunity to remedy (the behavior).”  The conduct of the teacher was remediable, because her “opinions…were expressed in the abstract, as they were not tied to evidence that these things had actually occurred as a result of the plaintiff’s posts…(the) Facebook posts (did  not) cause disruption within the student body or an uproar among the faculty, parents, or the community, which was detrimental to discipline or damaged the school’s reputation.”  Dierdre Kelleher v. Illinois State Board of Education & Board of Education of Oak Park Elementary School District No. 97

— In Colorado, Denver school officials are experiencing more violence in its schools.  In 2020, the Denver school board voted unanimously to end Denver Public Schools’ contract with the Denver Police Department to provide school resource officers.  This school year, eight guns have been found on Denver campuses.  This month a student was shot and critically injured just outside a high school.  Now a former school administrator is urging a return of police under the framework of the PEERS program: Police Establishing Equitable Relationships with Students. PEERS identifies “primary police officers for each school who could respond to calls but also participate in community service projects, guest teach classes, mentor students, and meet monthly with school administrators about neighborhood safety issues.”

— In Texas, an interim Report by the Texas legislature investigating the Uvalde shooting,  confirms the connection between school safety and duty of school officials to provide services to children with special needs.  According to the Report, despite the growing evidence that the shooter was “identified as at-risk (as a student), he never received special education services and ultimately (dropped) out.”

— In North Carolina, Rowan County has one of the lowest rates in the state for referrals by law enforcement to the juvenile justice system for school-based offenses.  Karen South Jones, the Executive Director of the Rowan County Youth Services Bureau and a former member of the Rowan-Salisbury Board of Education, explains that this is because of the, “the high number of incidents which are referred by School Resource Officers to Teen Court or other community-based resources.”   “Restorative practices are embedded in Teen Court, an initiative which (allows) young people (to) learn from and move beyond their negative behaviors.”

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Safety Law News for February 17, 2023

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— In Kentucky, the Supreme Court of Kentucky applied sovereign immunity from liability to a county board of education for allegations of assault and battery while its employees were intervening and separating students who were fighting in a hallway.  One of the students, who filed the lawsuit, was placed in an administrator’s office, “but sought to get back into the hallway to continue the fight,” forcing staff members and the administrator to physically restrain him on the floor. Reversing the lower court and dismissing the case as to the county school board, the court held that “a County Board of Education is an arm of state government, and as such enjoys immunity against liability and tort.”  However, the court refused to dismiss the case as to the administrator, whom the student accused of using his foot to “repeatedly kick() him while he was already subdued.”  The county school board’s sovereign immunity had “no effect” on the liability of the administrator whom the Court of Appeals of Kentucky below had held was not entitled to qualified immunity because, “the disputed testimony as to whether (the administrator) was merely pushing down on (the student’s) backside (as he contends) or whether (the administrator) repeatedly kicked (the student) — as Mother contends and as (the SRO) alleged in her criminal complaint and deposition testimony– presents a clear question of fact which can only be resolved by a jury.”  Jefferson County Public Schools v. Tudor

— In Virginia, the City of Alexandria, which just a few years ago removed funding for School Resource Officers after Black Lives Matter protests and calls to defund the police, is being asked by the Alexandria School Board to keep school resource officers in public schools.  The request comes after newly released data on school safety reveals “concerning” numbers on school safety.  The data show “of the 188 incidents… 78 of them took place at Alexandria City high school campuses, and 71 incidents at middle schools with a total of 74 calls to the Alexandria Police Department.”  This is only a slight decrease from the 194 incidents in 2022.  “The board voted unanimously … to add more help by moving forward with several recommendations including funding for school resource officers.”

— In Washington State, the Seattle School Board, which suspended its school resource officer program in 2020, is responding to campus violence, a deadly shooting at a high school in 2022, and student walkouts by creating “community action teams” to conduct safety reviews of its campuses.  “The measures comes as some officials have called for the return of Seattle Police school resource officers to Seattle’s public school campuses.”  The team will consist of school officials, the Seattle Police Department, City of Seattle, and community groups and partners that provide enrichment opportunities before and after school.

— In Georgia, the DeKalb County Board of Education approved the $3.9 million purchase of a crisis alert system for all of its schools.  Using, Centegix crisis alert badges, school officials can press a button “in the event of an emergency — anything from a medical event or a fight to an intruder on campus. Administrators and first responders will be immediately notified. The badges can trigger lockdowns as well as campus wide alerts that include strobe lights, intercom messages and notifications on desktop computers. The system does not need to be connected to Wi-Fi to work.”