Uncategorized

Safety Law News for December 2, 2022

by  • 

— 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.”

Uncategorized

Safety Law News for November 28, 2022

by  • 

— 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.

Uncategorized

Safety Law News for November 22, 2022

by  • 

— 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.

Uncategorized

Safety Law News for November 15, 2022

by  • 

— In New York, the United States District Court refused to dismiss a lawsuit brought by parents of a student assaulted by fellow students on campus.  The federal court held that although the lawsuit asserted a non-federal claim (a negligence claim based on state law), that “(t)his case, however, is not the usual case.”  The court noted that, “it is well settled that a school owes a common-law duty to adequately supervise its students.”  This duty, when combined with notice on the part of school officials of a pattern of violations of the school code of conduct by the assailants without any apparent intervention justified sending the case to trial to determine whether the school was liable for failure to protect the student from being bullied and physically attacked.  F.H. v. The City of Yonkers

— In Virginia, officials in the Alexandria School Board are taking steps to extend its agreement with the Alexandria Police Department to provide school resource officers.  The Alexandria City Council defunded the SRO program in the 2021 budget. However, a spate of disruptions, including weapons-related incidents, prompted the return of the officers. The School Law Enforcement Partnership (SLEP) Advisory Group has been tasked with issuing a Report with recommendations to revise the school safety program and an MOU proposal for police involvement.

— In Tennessee, officials in the Knox County Schools announced new security measures ahead of the 2022-23 school year.  The “Safe Schools, Safe Students” initiative includes: recruiting military veterans as school security officers, staffing an anonymous tip line monitored seven days a week, upgrading body cameras for school security officers, an integrated visitor screening system, and upgraded video surveillance systems.

— In Ohio, school officials in Sunbury continue to meet with parents and members of the community to resolve whether or not teachers and staff should be armed.  State law (House Bill 99) authorizes schools to make their own policy on the matter, allowing school systems to arm school teachers and staff with just 24 hours of training.  Some are proposing instead that more school resource officers be deployed on campus.

Uncategorized

Safety Law News for November 8, 2022

by  • 

— In Wisconsin, the Court of Appeals of Wisconsin upheld the removal of a teacher from campus to keep students safe.  The court ruled that the school board “acted reasonably” based on evidence that the teacher had inappropriate physical contact with middle-school boys.  The court agreed with the school board that it did not have to wait for express permission from the human resources (HR) department nor did it have to wait until the teacher was criminally charged and his teaching license revoked.  Klosterman v School District of Omro

— In New Mexico, parents are patrolling Gadsden Independent School District schools as part of the parents-on-patrol program (POP), that was set in place due to a lack of school resource officers (SROs).

— In Nebraska, suspensions rose at Lincoln Public Schools, but calls to law enforcement, citations fell last school year.  Calls to law enforcement were down, and juvenile referrals — when officers issue a citation — decreased even more.  Officers initiated just 2.9% of calls that resulted in a citation.

— In Ohio, school resource officers in the Canal Winchester schools acknowledge that while the safety of students and an immediate presence in the event of a threat to student safety is a priority, it is equally important to make connections with students and establish a rapport with students at an early age.

Uncategorized

Safety Law News for November 3, 2022

by  • 

— In Oklahoma, the United States District Court held that because of the special relationship between a school and its students, a lawsuit against a school district could proceed.  The students alleged that school officials failed to properly investigate and report a pattern of sexually inappropriate behavior by an employee.  Traditional immunity from suit did not apply because under Oklahoma law, “policy level or planning decisions are considered discretionary and hence immune, whereas operational level decisions made in the performance of the policy are considered ministerial and not exempt from liability.”  Based on these immunity reforms the court concluded that, “(t)he choices inherent in hiring, retaining, and supervising a particular [employee] are not policy choices our legislature intended to immunize…government employees have a duty to execute the policy on the operational level without negligence.”  When applying this to the school environment, the court stated, “(t)he highest duty of a public education entity is to ensure the safety and well-being of students attending school.”  Doe v. Oologah-Talala Independent Sch. District No. 4 of Rogers County

— In North Carolina, the North Carolina legislature has earmarked additional funding in the budget for schools to hire and pay school resource officers.  North Carolina will receive more than $74.1 million in school safety grants.  Low-income districts can apply for a grant that gives it $4 for every $1 spent in non-state funds for a police officer.

— In Missouri, parents in St. Louis are asking questions about the efficiency of the school safety plan after a deadly school shooting at a high school.  Security officers assigned to schools in the St. Louis Public School District are not armed.  The shooter, who killed two people and wounded several others, was flagged by an FBI background check but was still able to purchase the AR-15-style rifle he used in the attack.

— In Texas, the Marble Falls ISD Board of Trustees have approved an expanded interlocal school safety MOU to add the city of Granite Shoals to the school resource officer program.  There are currently two SRO officers in the program. The approval expands the number to five.