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Safety Law News for January 6, 2023

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— In Florida, the United States Court of Appeals held that school officials’ policy of separating school bathrooms based on biological sex did not violate the Equal Protection Clause of the Fourteenth Amendment nor did it violate the statutory requirements of Title IX.  The court reasoned that (1) educators were responsible for providing “proper attention to health, safety, and other matters relating to the welfare of students” within the school district; (2) The protection of students’ privacy interests in using the bathroom away from the opposite sex and in shielding their bodies from the opposite sex was an obvious and important governmental objective; (3) the bathroom policy was substantially related to that objective; and (4) Title IX’s general prohibition on sex discrimination provides “an express carve-out with respect to living facilities: “nothing contained [in Chapter 38] shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.””  Adams by and through Kasper v School Board of St. Johns County

— In Kansas, all employees in the Blue Valley School District wear emergency alert buttons.  The “CrisisAlert badge” equips them to press the button three times to alert administrators, school resource officers, and school nurses to an emergency.  An entire school can go on lockdown with just eight button presses.

— In Indiana, the Muncie Community Schools will now conduct its own background checks on school security guards.  The school district has a contract with a private security company, Legacy Life Security Solutions, to provide guards.  However, a guard was recently charged with intimidation where the defendant draws a deadly weapon, two counts of dealing marijuana with a prior drug conviction, as well as driving while suspended with a prior conviction.

— In Indiana, officials in Austin are changing school district policy after a kidnapping incident on the playground of one of its schools.  A woman, unrelated to any child on the playground, went over the playground’s fence and picked up a child. School resource officers will act as monitors when students are outside.

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Safety Law News for January 4, 2023

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— In New Jersey, the United States District Court refused to dismiss a lawsuit brought by a student who alleged discrimination and a hostile environment when school officials failed to intervene despite multiple incidents of race-based harassment.  The court ruled that Title VI, provides a federal right to sue a school, “for its failure to address a racially hostile environment (that is) severe, pervasive, and objectively offensive (when) the school acts with deliberate indifference.”  The court noted that, “(t)he fact that (the student) was called the “n-word” is, in and of itself, likely sufficient to withstand summary judgment.”   Dismissal of the lawsuit was inappropriate because, “a jury could determine that the District failed to properly respond and/or engaged in a form of tacit acceptance by delaying an investigation into the “n-word” incident.”  N.U. v. Mansfield Township School District

— In Ohio, officials for the Dayton Public Schools are revising policies for school sponsored events after two athletic games had fights break out among students in December, one of which escalated into gunfire.  Elements of the new policy will require all spectators to have their bags checked as well as walk through metal detectors before entering an event.  More police will also be deployed at the events.

— In Alabama, a new law now allows gun owners to carry a concealed firearm without a permit.  This will allow a person to carry a loaded weapon under their clothes, in a bag, or in their vehicle.  There are 23 states that allow concealed weapons in public without a permit. 

— In Rhode Island, the General Assembly is placing special emphasis on school safety as it begins its legislative session.  Leaders of both parties said that they are concerned about educational outcomes, the state of school buildings and safety issues.  The legislators will discuss adding more school resource officers.

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Safety Law News for January 3, 2023

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— In California, the United States Court of Appeals ruled that school officials did not violate the First Amendment rights of students for discipling them for off-campus Internet posts that amounted to “severe bullying or harassment targeting particular classmates.”  The Instagram posts, “ranged from immature posts making fun of a student’s braces, glasses, or weight to much more disturbing posts that targeted vicious invective with racist and violent themes against specific Black classmates.”  The court upheld the decision of the lower court that the “speech bore a sufficient nexus to (the school) to warrant disciplinary action by the school.”  The recent U.S. Supreme Court case, Mahanoy Area Sch. Dist. v. B.L. ex rel. Levy, did not give the students immunity for their off-campus speech because, “once (the) posts hit their targets, the school was confronted with a situation in which a number of its students thereby became the subjects of serious or severe bullying or harassment targeting particular individuals—which Mahanoy specifically identifies as an “off-campus circumstance in which the school’s regulatory interests remain significant.”  Chen Through Chen v Albany Unified School District

— In Oregon, officials in Portland are in initial talks to return police to public school campuses after a third shooting outside a school in two months. The City removed police in 2020 as protests and riots raged across the country in support of defunding the police following the killing of George Floyd. 

— In Virginia, the push for increasing school safety is leading to more police officers on campus.  Governor Youngkin is placing emphasis on having a law enforcement officer in every public school.  The Virginia Center for School and Campus Safety is conducting training that recent legislation makes mandatory for all Virginia school resource officers school security officers. 

— In Maine, critical staffing needs in the City is causing the removal of police on school campuses.  All school resource officers have been reassigned to patrol duty.  If a police officer is needed at the school, staff will need to call 9-1-1.

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Safety Law News for December 2, 2022

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— In Alabama, United States Court of Appeals ruled that a school resource officer was entitled to qualified immunity for restraining a student, resulting in the officer breaking the student’s arm.  The special needs student, “entered a classroom, informed his teacher he did not take his medication, and proceeded to act disruptively.”  After several unsuccessful attempts by teachers, a counselor, and an administrator to deescalate the situation, during which the student “punched a locker and moved in the administrator’s direction,” the officer grabbed the student by the arm.  The arm of the student was broken as the student “forcefully resisted” the attempts of the officer to calm him down.  The trial court denied the officer’s request for qualified immunity as to the student’s excessive force claim.  Reversing the ruling of the lower court, the appellate court held that the officer’s conduct was objectively reasonable in light of the facts.  “[The officer’s] actions were justified when he first detained [the student]… the amount of force used was reasonable… the line between reasonable and excessive force is marked by the resistance of the detainee.” J.I.W. v. Blake Dorminey

— In New York,  New York City Schools’ Chancellor is implementing a comprehensive plan for improving special education, earmarking $205 million to expand programs for students with disabilities and creating an advisory council to drive future reforms.  The officials are also creating paid internships for high school students with disabilities in physical, occupational and speech therapy, to lead programs on Saturdays for younger kids also in special education.

— In Michigan, the Westwood Community School District Superintendent is implementing new security measures to improve school safety.  The district is heavily investing in door barricades, security cameras and additional staff training.  Additional technology will communicate information about a campus incident through a Bluetooth-network into staff tablets. 

— In Ohio, police officers in Streetsboro are being equipped with Autism Kits to help interact with kids with autism.  The kits contain multiple items designed to help officers better interact with children with autism or anyone with sensory issues.  The goal is that “providing some of these items that in the future, perhaps, they won’t be scared of police officers and won’t be as traumatized.”

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Safety Law News for November 28, 2022

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— In California, the California Court of Appeal held that state law authorizes only the Legislature to require school children to be vaccinated against COVID-19 but not any of the individual school districts.  This ruling affirmed the lower court refusal to allow the San Diego Unified School District to require students ages 16 or older to be vaccinated for COVID-19 in order to attend in-person classes and participate in sports.  The court ruled that this policy is preempted because, “(b)y creating a comprehensive state procedure to determine the compulsory vaccinations for school attendance, the statute … provides that students who comply with state immunization requirements are entitled to attend California schools, and (a school district) is not permitted to add its own vaccination mandates.”  Let Them Choose v San Diego Unified School District

— In Florida, the Bay County Sheriff’s Department is hosting a program to educate the community on drugs and internet threats.  “Keeping Your Family Safe: An Internet Safety & Drug Awareness Workshop,” focuses on the dangers of the internet and drugs, along with how law enforcement officials are protecting local schools.

— In North Carolina, officials in the Johnston County Public Schools are implementing a new policy for protecting students that will have cops and body scanners at each school.  Each campus is installing a weapons detection system.  Stationary systems will be placed at the main entrance of every school and other places throughout the district.  Portable detection systems will be placed as needed, e.g., bus rider entrances, student driver entrances and secondary carpool entrances.

— In Ohio, officials in the Preble Shawnee Local Schools Board of Education are being proactive on school safety by implementing a Threat Assessment Training program for middle and high school staff members.  Teams of high school and middle school staff are being equipped to “look for key factors, things that would identify students who might have some key things, or things that would identify them as somebody involved in threats or dangers to the school.”   Each team will hold monthly meetings, receiving safety concerns from staff, teachers and students about dangers to the school.

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Safety Law News for November 22, 2022

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— In Kansas, the United States District Court held that a student, sexually abused by a school resource officer, was legally entitled to a trial on her claim that the school district and county sheriff’s office knew and were deliberately indifferent of the increased risk that the SRO would sexually harass her.  The key to this result, was the finding by the court that the officials failed to conduct Title IX training.  Neither the MOU nor the school’s standard operating procedures required Title IX training.  The court observed that primarily, “Title IX imposes liability against a federal funding recipient when it displays deliberate indifference to known acts of sexual harassment that effectively cause or subject students to harassment.” Significantly, the court added that a school can also be liable “for its own actions when it violates Title IX through an official policy, which can include a policy of deliberate indifference to providing adequate training or guidance that is obviously necessary.”  The court held that a dismissal of the lawsuit would be improper because additional facts in the case suggest that officials had notice of the misconduct of the SRO, which “permits a reasonable jury to establish liability.  Alexis Swearingen v. Pleasanton Unified School District

— In New Hampshire, the Lebanon School District will retain its school resource officer next school year, despite a push from a faction of school board members to discontinue funding of the position.  School principals told the board that they feel more comfortable having a police officer who understands the students when responding to an student-related incident than another officer in the police department.

— In Indiana, the school resource officers in Carmel High School are beginning to add class visits to their other duties.  Their lectures will cover topics such as life skills, drug abuse, and mental health supports. 

— In Washington State, a former-administrator in the Seattle Public Schools is being accused of failing to prevent an assault by refusing to cooperate with a police investigation on campus.  The administrator impeded the investigation, allowing the suspect to escape. The school board has removed school resource officers (SROs) from campus.  City police report more hostility from Seattle Public Schools (SPS) staff when responding to incidents.