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Safety Law News for January 7th, 2022

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— In New York, the Supreme Court, Appellate Division held that a trial court improperly dismissed the case of a student who was injured in a physical education class during which he was blindsided by a much larger student while playing touch football resulting in a fracture of his jaw.  The court returned the case to the lower court for trial because the record contained facts suggesting that the injury was the result of a foreseeable act of which the school had specific knowledge such that it could be reasonably anticipated.  “Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  Specifically, the day before the incident, “there was a very similar incident involving a collision between two boys during a touch football game in physical education class, resulting in injury.”  Ismahan A. v. Williamsville Board of Education

— In Michigan, Michigan legislators  are forming a bipartisan taskforce to consider school safety policies in response to November’s deadly shooting at Oxford High School.  The goal is to enacts laws that will keep further violence from happening.  

— In Michigan, school officials in the Oxford Community Schools will require students to use clear backpacks on campus in response to November’s deadly shooting at Oxford High School. Officials have also taken other steps, e.g., hiring of a security company to put officers in schools; providing trauma specialists for students and staff; and having therapy dogs in schools.

— In Ohio, officials in the Toledo Public Schools are focusing on new policies to “kids safe before, during and after the school day.”  During 2021, many students were victimized – Toledo experienced 70 homicides in 2021 – with multiple incidents of guns found inside schools. Officials have already decided to conduct daily weapons checks and searches using metal detectors.

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Safety Law News for January 3, 2022

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— In Maryland, the United States District Court, refused to dismiss a case brought by parents of students who were assaulted in the school’s locker room as a part of a hazing ritual known as “brooming.”  The court ruled that the parents successfully stated constitutional injury claims based on the Fourteenth Amendment that, “includes a substantive due process right against state actor conduct that deprives an individual of bodily integrity.”  The court found that the educators promised appropriate oversight and discipline of known troublemakers, but failed to act; eliminated a previously required study hall for bullies; failed to implement supervision of the football locker rooms, despite being directed by higher ups to do so; and ignored the fact that coaches had failed to take mandatory training.  Doe v. Montgomery County Board of Education

— In New York, the St. Lawrence County Board of Legislators  passed a resolution authorizing the board chair to sign contracts establishing a school resource officer program for school districts in the county.  SROs, according to the resolution, will be a deputy sheriff of the county Sheriff’s Office who is assigned to work in collaboration with a particular school. The role of the SRO includes being a protector, enforcer, first responder, mentor and community liaison.

— In Tennesseee, the Memphis school board unanimously voted to keep sheriff’s deputies in schools and renewed its school resource officer program.  The memorandum of understanding was amended “to address community concerns and national conversations about negative interactions between students and campus police.”

— In Mississippi, Columbus officials are partnering with the Columbus Municipal School District to explore problems and possible solutions to the increase in gun violence.  According to data, seventy-one students have experienced gun violence in the past five years as a victim or shooter.  The Columbus schools require students to enter the building through metal detectors at least three times a week, or more often after a violent event has occurred in the community.

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Safety Law News for December 14, 2021

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— In Texas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents whose special needs child was seized by the neck, thrown to the floor, and held in a choke hold by a teacher.  The court affirmed that the teacher did not violate substantive due process, and thus was entitled to qualified immunity because, “(t)he facts alleged simply do not suggest that (the student) was the subject of a random, malicious, and unprovoked attack, which would justify (liability).”  The court emphasized that here the conduct of the teacher occurred “in a disciplinary context,”  after the student hit the teacher.  “(W)e have consistently dismissed substantive due process claims when the offending conduct occurred in a disciplinary, pedagogical setting.”  T.O. v. Fort Bend Independent School District

— In Iowa, the school board for the Ames Community School District voted unanimously to end its school resource officer program for the 2022-23 school year, following years of intense community discussion over how the presence of police impacts students.

— In Massachusetts, the Worcester City Council adopted a resolution to revise its school resource officer program.  The officials do not intend to eliminate the presence of police in schools.  The goal is to implement a “school liaison” model in which officers are assigned to quadrants in the schools for entry and dismissal times. 

— In New York,  the Kingston Board of Education is implementing major revisions to its school resource officer program.  The officers, from the Kingston city and Ulster town police departments, will not be involved in the discipline of students.  The officers will not be allowed to serve non-school warrants while on school property.  The officers will discontinue wearing formal traditional police uniforms.

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Safety Law News for December 9, 2021

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— In California, the Court of Appeal of California affirmed the dismissal of a lawsuit for failing to protect a middle school student from sexual abuse by a teacher and for breach of the mandatory duty to report suspected abuse under the Child Abuse and Neglect Reporting Act.  The appellate court agreed that schools “have a duty to protect students from sexual abuse by school employees, even if the school does not have actual knowledge of a particular employee’s history of committing, or propensity to commit, such abuse.”  However, the court ruled that educators could not be liable because, “here was no evidence that any school district employee knew facts from which a reasonable person in a like position would have suspected that (the teacher) had sexually abused student.”  Doe v. Lawndale Elementary School District

— In Indiana, the South Bend Community School Corporation voted to continue its school resource officer program.  The 4-3 vote was influenced by a survey of students, employees and the community, in which 77.7% were very positive or somewhat positive of the policy.

— In Virginia, the Harrisonburg School Board unanimously voted to keep school resource officers in its schools.  The SRO Task Force, made up of teachers, parents, and community members and leaders, revised the Memorandum of Understanding (MOU) with local police to implement changes in the role of the campus officers.

— In Washington D.C., government officials are providing funding of $4.3 Million to expand the Safe Passage Program.  The program creates Safe Passage Safe Blocks (SPSB) supervised by adults placed on mapped routes to support student safety as students travel to and from school.

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Safety Law News for December 6, 2021

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— In Massachusetts, the United States Court of Appeals ruled that a school did not violate the rights of two students by suspending them for their speech and conduct in bullying their fellow team members on a school-sponsored team.  The misconduct included circulating photos and videos on SnapChat of team members taken without their consent.  The appellate court upheld the school anti-bullying policy, holding that “courts generally defer to school administrators’ decisions regarding student speech so long as their judgment is reasonable.”  The court ruled that Mahanoy Area School District v. B.L. ex rel. Levy (141 S. Ct. 2038, 2045, 210 L.Ed.2d 403 (2021)), did not protect the misconduct because here the bullying “targets and invades the rights of an individual student.”  Doe v. Hopkinton Public Schools

— In Connecticut, the superintendent for the Manchester schools is urging parents to help educators in dealing with students’ bad behavior.  According to the educators students are struggling in “transitioning back to school, which has led to more altercations than usual.”

— In Florida,  the Orlando Police Department is increasing the number of school resource officers at schools because of the number of fights.  Educators and police are asking parents to help in a program that allows parents to volunteer.

— In Michigan, the legislature voted to increase funding for police officers in schools after the shootings at the Oxford High School.  The amendment boosts the $10 million funding to $50 million. Schools would have to apply for grants to get a share of that money.

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Safety Law News for November 30, 2021

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— In Massachusetts, the Appeals Court of Massachusetts ruled that a student’s statement to a school administrator that he was going to kill his teacher was not protected speech under the First Amendment.  In reversing the lower court, the appellate court held that the student’s demeanor when making threat to assistant principal that he was going to “kill that bitch,” his escalating behavior in school, and the specific anger he expressed towards his teacher established the requisite probable cause for juvenile delinquency complaint.  The court held that, “(w)hen a defendant utters a threat to commit a crime to a third party who would likely communicate it to the ultimate target, the defendant’s act constitutes evidence of his intent to communicate the threat to the intended victim.”  Commonwealth v. Leonardo L.

— In Arizona, the Tempe Union High School District Governing Board unanimously reversed its resolution to remove school resource officers from all campuses.  Confronted by opposition from the district’s six high school principals, at least five former board members, the Tempe Police Department and numerous parents, students and others, the board decided to spend the next year studying the issue.

— In Texas, the school resource officers for the Killeen Independent School District are adding body cameras to their campus activities.  The KISD Board of Trustees unanimously approved by the purchase of the cameras that will be utilized only for incident-related calls.  The video footage would be kept on file for a total of 180 days.

— In Maine, state officials are placing new emphasis on the Drug Abuse Resistance Education (DARE) program that has been taught in schools for decades.  At least 120 Maine schools currently have the revised DARE program, that previously aimed at keeping kids away from drugs.  The revised DARE program includes additional topics, e.g., the dangers of social media, peer pressure, bullying, stress, and developing healthy life skills.