Uncategorized

Safety Law News for November 25, 2024

by  • 

— In Oklahoma, the Court of Civil Appeals of Oklahoma upheld a liability verdict against a school for negligence and negligent supervision after an assault upon a student by a bully.  The assault followed  repeated bullying and verbal harassment by another student.  Reports of this state of affairs were made “on multiple occasions,” to the victim’s teacher and to the school Principal.  “No action was taken to stop (this) recurring behavior.”  The school argued that the Principal “did not consider any prior incidents between (the victim) and (bully) to amount to “bullying,” (but)… teacher at the school testified after the assault that the “conflict between (the victim) and (bully) had been brewing for weeks.”  Testimony established that the bully “walked up to (the victim) and immediately punched (him) in the chin… holding him in a headlock punching him in the forehead, after which (the bully) flipped (the victim) upside-down, tossed him headfirst onto the concrete and threw one final punch into the back of his head.  All of this was observed by a teacher on duty to monitor students, who was seen on video, “standing stationary in the background through the majority of (the bully’s) physical assault … making no efforts to intervene until…she directed (another student) “to break it up.””  The law governing this lawsuit required the victim to prove (1) the school owed a duty owed to protect him from injury; (2) a failure to properly exercise or perform that duty; and (3) injuries that were the proximate result of the school’s failure to perform its duty.  The appellate opined that, “foreseeability is the most important consideration (and) can extend to the actions of third parties…if it involves an unreasonable risk of harm to another through the foreseeable act of a third person.”  The appellate court affirmed liability because, “the record supports (the victim’s) contention that multiple employees of the School District … were aware of (the) persistent bullying (and) the repeated attempts by (the victim), his parents, and his teacher …to report (the) persistent bullying … and clear threats of violence… (and) multiple incidents of harassment and bullying which were formally documented by school administration… further contributing to the foreseeability of (the bully’s) conduct.”  Brown v. Muldrow Public Schools

— In Maryland, new guidelines for Active Shooter drills were released by the Maryland Center for School Safety.  “The new guidelines are designed to prohibit trauma-inducing elements like imitation of gunfire or explosions. The guidelines also require school systems to notify parents in advance when students will be practicing what to do in the event of an active shooter in their buildings.”

— In Iowa, “school districts are getting $70.5 million to increase security” after the State created the School Safety Improvement Fund.  “Districts approved could get up to $50,000 per school building to fix vulnerabilities.”  “The funding also builds upon the foundation of the Governor’s School Safety Bureau to support all schools and law enforcement partners with prevention, training and response strategies. A portion of the funding will be utilized to implement technology and tools including proactive social media scanning software, an anonymous reporting tool, digital critical incident mapping and specialized training.”

— In Ohio, “the number of school districts in Ohio that allow staff to be armed quadrupled, with 14% of the state’s districts now participating, according to the Ohio School Safety Center.  This policy is particularly compelling in rural school districts without sufficient access to police resource in the event of a crisis event.  One singular school district is arming its teachers and staff “as a measure of assistance for the single resource officer for eight schools across the district.”

Uncategorized

Safety Law News for November 22, 2024

by  • 

— In Georgia, the Court of Appeals of Georgia ruled that a teacher/high school basketball coach, who was charged with second degree murder after a student died during practice, was not entitled to immunity from criminal prosecution under Georgia School Safety Act.  The incident involved a conditioning drill which “required the students to complete a number of drills, including stretching, running a mile, planks, and running up and down the bleacher stairs.”  “During the last exercise, which involved running up and down the bleacher steps, (the student) collapsed and ultimately died.”   The coach was “indicted for second-degree murder, cruelty to children in the second degree, involuntary manslaughter, and reckless conduct.”  The educator asserted immunity under Georgia law (the Georgia School Safety Act) that provides, “an educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith.”  The court denied immunity.   The court ruled that, “(t)here is no dispute that in conducting the basketball session, (the coach) was discharging her duties in educating students and retained broad judgment in planning the safe conduct of the session and in deciding whether any safety hazards existed…. however, there is no indication that (the coach) took any actions to impose order or control over the students; rather, (the coach) was engaged in managing and supervising the students through her presence as a coach during a routine training session at the time of (the student’s) death.  If we adopted the position advocated by (the coach), the immunity afforded under (the Georgia School Safety Act) would essentially extend to any act of an educator in the course of performing his or her professional duties — an interpretation we find is broader than the language the General Assembly has adopted.”  Asekere v. State

— In Pennsylvania, school officials, the teacher’s union, and parents in Philadelphia are raising the alarm on school district policies after a middle school student stabbed two teachers’ aides.  At issue how the student got pass the metal detector, in use at the school.  The teacher’s union asserts that the incident is “due to really an epic administrative failure.”  “There was no lockdown announcement immediately made, but a paraprofessional… went door-to-door to tell teachers to lock their doors” while the student was in the building after the stabbings.

— In Florida, the State Board of Education approved new state-wide standards that require “school districts to make available a training for parents and guardians on the state app FortifyFL, including the consequences for making a threat or false report.”  The Board also announced its intention to “monitor school districts and public schools for compliance with school safety requirements.”

— In Oregon, local agencies in Redmond “renewed their dedication to the Safe Schools Alliance, a partnership between schools, law enforcement, and public health agencies focused on enhancing safety measures in the face of threats or violence. The 26-year-old alliance remains a vital resource for fostering a secure learning environment.”

Uncategorized

Safety Law News for November 21, 2024

by  • 

— In Ohio, the Court of Appeals of Ohio affirmed the adjudication of a student for disorderly conduct at his school in violation of provisions of state law.  The student used profane language directed at the administrator who, while teaching a class, told the student to put the hood down on his sweatshirt in compliance with school policy.  The range of language used included, “Big fucking mistake, sir. Big fucking mistake,” and “You don’t know what I can do,” and “You’re done.”  “The administrator testified that (the student’s) aggressive demeanor made him nervous and fear for his safety.”  School surveillance video and testimony from the school resource officer established that the student “displayed almost an attack stance by clenching his fists and “rubbing his fists together… potentially going into a violent manner.”  The appellate court applied the rule that prohibits persons from “recklessly caus(ing) inconvenience, annoyance, or alarm to another by… threatening harm to persons or property… in violent or turbulent behavior… committed in the vicinity of a school or in a school safety zone.”  The adjudication was affirmed because “after viewing the evidence in a light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that G.F. recklessly caused inconvenience, annoyance, or alarm by engaging in violent or turbulent behavior at the school.”  In Re: G.F., Adjudicated Delinquent Child

— In South Dakota, the Rapid City Board of Education approved a resolution to keep its school resource officers.  “Multiple board members shared they had found the majority of the public favored keeping school resource officers in the interest of preserving safety in schools.”

— In Alabama, the Huntsville City School District voted unanimously to give key fobs to all Huntsville Police Department officers to gain access to all campuses.  One objective is to “make sure that our response times in dire worst case scenarios is more efficient, more effective.”

— In Texas, the Uvalde Consolidated Independent School District will receive a $1 million federal grant to improve crisis intervention programs.  The funds will be used to “improve security measures, including violence prevention and crisis response training for law enforcement and school resource officers, firearm safety training for community members, and data collection, technology, and information sharing to reduce violence.”

Uncategorized

Safety Law News for October 11, 2024

by  • 

— In Illinois, the United States District Court is sending a student’s injury claim to a trial jury based upon the allegation that school officials were deliberately indifferent prior to an attack by another student.  The injury to the student arose when the eighth-grade student reported a pattern of bullying, threats of physical violence, and racially offensive comments by another student, including “on social media platforms such as Snapchat.”  Up the chain of reporting, “the school did not intervene or discipline the (other student),” except “the assistant principal met with the (other student) and disclosed (the victim’s) complaint.”  That same day, the other student “physically attacked and severely injured (the victim) during school hours on school property.”  Finally, “the (other student) was suspended for two days.”  The standard of law announced by the court is  that  “racial harassment must be so severe, pervasive, and objectively offensive that it]undermines and detracts from the victims’ educational experience, and that the victim-students are effectively denied equal access to an institution’s resources and opportunities… (having) a ‘concrete, negative effect’ on the victim’s education, which may include dropping grades, becoming homebound or hospitalized due to harassment, physical violence, or physical exclusion from a school resource.” (Title IX), (Davis v. Monroe County. Board of Education).  The court denied the request of the school district to dismiss the case because “the Court can reasonably infer the attack was motivated by racial animus. And as alleged, the harassment had a concrete, negative effect in that it caused (the victim) to receive hospital treatment and miss class.”  Further, the court noted that “a school administrator is deliberately indifferent when his indifference, at a minimum, causes students to undergo harassment or makes them liable or vulnerable to it.”  Therefore, “because the assistant principal was a school administrator who likely had the requisite control”  the case will go to trial to determine liability.  Sojda on behalf of Sojda v. Chicago Board of Education

— In Oregon, “students with Portland Public Schools are taking a stand against gun violence in their communities.  Students spoke at (a) school board meeting…after they gathered 250 signatures for a petition, demanding district and state leaders to prioritize school safety.  Over the past month at campuses … there have been a number of threats and incidents involving guns on or near school property.”

— In Michigan, the Governor “signed legislation … that will give a $125 million boost to school safety and mental health programs, early next year.  School districts can spend the money in a variety of ways, according to their needs. Options include hiring school resource officers or upgrading alarms.” HB 5503 bill also “secures one million dollars to support a tip line for students to anonymously report improperly stored firearms that were accessible to a minor.” (HB 5503 HERE).

— In New Mexico, the Albuquerque Public Schools are partnering with the entity C1 to deploy a safety platform known as 911inform.  The technology “integrates seamlessly with APS’s existing infrastructure, enabling real-time data sharing with emergency responders and providing comprehensive visibility across all district sites.”

Uncategorized

Safety Law News for October 4, 2024

by  • 

— In Arkansas, the United States Court of Appeals affirmed that two school resource officers were not entitled to dismissal nor qualified immunity for arresting two students “at the direction of the school principal.”  The students, who “were both cadets in the … High School Air Force Junior Reserve Officers’ Training Corps (“ROTC”),” came to school “in military-style tactical vests.”  After searches of the students “revealed they were not armed or in any way threatening, the Officers nonetheless decided to arrest both (students) at the direction of the school principal.”  The lower court noted that administrators testified that the student’s “vests did not violate the … High School dress code.”  And the records reflects that prior to the (students) wearing their vests to school “at least two white students had worn similar tactical-style vests to school and were not disciplined. One of these students wore a full military uniform including a bullet-proof vest, a nerf gun, and a helmet.”  The appellate court agreed with the lower court that the officers were not entitled to qualified immunity on the basis of having probable cause to arrest the students for disorderly conduct under State law.  The appellate court agreed that, “in today’s climate of school shootings, school officials and police officers are justified in having heightened concern around attire that might suggest a student is armed. But context matters, and schools have many mechanisms to discipline students….(especially when educators) had previously tolerated students wearing military gear, without discipline.”  Therefore, “because the district court did not err in denying the Officers’ motion for summary judgment and qualified immunity on the (student’s) unlawful arrest claim, we affirm.  Evans v. Cabot School District

— Nationally, a proposal in Congress, the “School Safety Notification System Act,” would require school districts to develop emergency response and parental notification procedures for certain threats and emergencies. (View Legislation)

— In New York, the Schenectady Board of Education “approved a resolution to provide weapon detection measures for the district’s schools.”  Officials disclosed that its schools need “a more advanced type of metal detection system that has an AI capability that’s looking for objects and certain things that it learns over time.”

— In Colorado, “the family of a Denver teenager who was sitting in his car outside his school last year when he was shot and eventually died has filed a wrongful death lawsuit against the school district.  In the lawsuit, the family of 16-year-old Luis Garcia claims Denver Public Schools, the school board and East High School failed to protect him in February 2023.  The complaint highlights that under the Claire Davis School Safety Act, the district and school weakened the environment’s safety by removing school resource officers in 2020. Denver Public Schools removed all Denver police school resource officers from their buildings by the beginning of the 2021-2022 school year.

Uncategorized

Safety Law News for September 27, 2024

by  • 

— In California, the California Court of Appeal upheld the order of a trial court “granting a workplace violence restraining order” in favor of school officials and the school district against a former student.  The former student posted over a series of years comments online that she was “ the next school shooter.”  After a sibling reported to a school resource officer that a recent visit was conducted “to assess how to commit a mass shooting,” the court issued the workplace violence restraining order.  Under state law, a school district may protect the campus from violence by obtaining a workplace violence restraining order when an employee “has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order.”  The court must find “by clear and convincing evidence that the respondent … made a credible threat of violence.”  The appellate court ruled that “in those tweets, she repeatedly expressed her animosity toward the school and her former classmates… several of her tweets referenced her desire to take revenge on the school as well as her former classmates… Viewed in the context of these earlier tweets, the trial court reasonably concluded that J.H.’s subsequent tweets that she was “the next school shooter” and that she would “kill you all” placed a reasonable person working at her former high school in fear for their safety.”  Applying the U.S. Supreme Court case of Counterman v. Colorado, the  appellate court ruled that the speech was not protected under the First Amendment to the United States Constitution.  “Any threatening statement that a reasonable listener would understand, in light of the context and surrounding circumstances, to constitute a true threat is not protected speech.”  San Ramon Valley Unified School District v. J.H.

— In Michigan, the legislature rejected Senate Bill 1005, a proposal “to restore nearly $302 million in school safety and student mental health care funding that was cut in the new state budget.”  The source of the restored funding would be taken from the General Fund.  The sponsor of the legislation laments, “a 92% reduction in school safety and student mental health funding is set to take effect… These are not partisan matters, and no community is immune from the risks of violence or the challenges posed by untreated mental health conditions.”

— Nationally, a study from RAND finds most teachers don’t think active shooter drills are effective for school safety.  “The survey specifically asked whether such drills made teachers feel more or less safe and prepared to respond to active assailant events and teachers’ perceptions of their students’ feelings about such drills, as well as whether supports were available to students and staff during and following drills. Survey results indicate that more work is needed to understand the impact of drills on staff and students and what schools can do to better support the well-being of students and staff who are required to participate in these activities.”

— In Michigan, officials from the Michigan Department of Health and Human Services, and Michigan State Police are celebrating the OK2SAY student safety program in the 10th year of its operation.  “The program allows students, parents, school staff and educators to report acts and behaviors that include internal harm such as suicide attempts and drug use as well as external threats such as bullying or planned attacks such as shootings on an educational facility all while maintaining their anonymity. The program is accessible for all schools in Michiganregardless of whether they are public, private or charter schools.”