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Safety Law News for April 29, 2022

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— In Pennsylvania, the Commonwealth Court of Pennsylvania upheld the decision by school officials to deny a new student permission to attend school in-person.  The school required the student to participate in remote-learning because he was expelled for possessing a weapon at his former school.  The court ruled that the provisions of state law requiring zero tolerance expulsion for weapons violations also authorized “(a) school district receiving a student who transfers from a public or private school during a period of expulsion for an act or offense involving a weapon (to) assign that student to an alternative assignment or provide alternative education services.”  R.S. by R.S. v. Hempfield Area School District

— In Maryland, school superintendents across the state met to compare notes and consider additional means to provide safe campuses for their students.  The school superintendents affirmed their commitment to collaborating with police and other groups, while looking to implement new programs such as “student safety assistants,” who would build relationships with students.  Baltimore County is planning to a pilot program this fall semester.

— In Maryland, a new agreement between the school district, police, and the county, is restructuring its school resource officer program.  The Community Engagement Officer (CEO) 2.0 Program, will shift officers into a community oriented focus, including more serious crimes like sexual assault, robbery, and physical attacks.  The officers will not be stationed inside schools and are not allowed to enforce school rules. 

— In Georgia, officials in the Clayton County Public Schools are banning backpacks for all students, effective immediately.  Students will no longer be allowed to use school lockers, forcing students to carry all their belongings during the school day.  The new policy is in direct response to an increase in weapons in campuses.  As part of the new policy, “students will now be subject to random searches, will have to pass through metal detectors and will now see more police K-9 units on campus.”

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Safety Law News for April 25, 2022

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— In Virginia, the United States Court of Appeals held that a student correctly asserted his First Amendment rights to challenge a suspension for comments made on campus.  The comments were made the day after the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.  The conversation was factual.  The SRO investigation concluded that “no threat (was) made and no criminal offense occurred.”  The appellate court reversed the lower court, applying the Tinker v. Des Moines case to hold that, “(f)or school officials to justify prohibition of particular expression of opinion under First Amendment, they must be able to show that their action was caused by something more than mere desire to avoid discomfort and unpleasantness that always accompany unpopular viewpoint.” Starbuck v. Williamsburg James City County School Board

— In Massachusetts, a group of parents, clergy and community leaders are seeking more effective safety polices in the schools after at least eight guns have been confiscated this school year.  One gun was discovered at an elementary school.  The community group wants, “metal detectors in schools and also cameras placed at the front entrances and common areas… (and) a police presence in schools, including plain-clothed officers.” Police officers were phased out of Boston schools in 2021.

— In Georgia, the Rockdale County Public Schools have purchased 16,500 clear backpacks, to be distributed to students under a new policy that requires students to carry clear backpacks.

— In Pennsylvania, officials in Erie County, including Erie police, the Mayor, District Attorney, School District Superintendent, and U.S. Attorney, are coming together to formulate an “anti-crime initiative as a way to curb (juvenile) violence.”  The number of juvenile victims of violent crime has doubled over the past year and the number of juvenile offenders charged with violent crimes has tripled.

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Safety Law news for April 22, 2022

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— In North Carolina, the Court of Appeals of North Carolina affirmed the adjudication of a juvenile for the extortion of a classmate.  The misconduct involved obtaining favors from a fellow student through the threat of revealing partially nude images to others.  The court ruled that, “the definition of extortion in (state law) covers any threat made with the intention to wrongfully obtain anything of value or any acquittance, advantage, or immunity…(and is not limited) to threats of physical violence.”  The court ruled that the extortion was not protected speech. “There is no federal or North Carolina state constitutional rule that threats are protected speech unless they threaten unlawful physical violence.”   Matter of J.A.D.,

— In Virginia, the Alexandria City School Board is creating an advisory group for school safety. The School Law Enforcement Partnership Advisory Group (SLEP) will review and propose changes to the district’s partnership with the police department.  The school board had previously removed police officers from the schools but returned the officers to their campuses as violent incidents increased.  (The announcement is here)

— In New York, the Schenectady City Schools Board approved an agreement to hire six full-time city police officers during school hours, following a months-long pilot program. The Board of Education approved the contract 4 to 3 after weeks of discussion and controversy.

— In Washington State, a rise in gang activity and violence has prompted both the Wenatchee and Eastmont school districts to enforce a list of prohibited symbols and clothing in school determined to be gang-related. The new policy went into effect immediately for all grades. (List is here)

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Safety Law News for April 18, 2022

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— In Mississippi, the Court of Appeals of Mississippi reversed and reinstated a lawsuit brought by parents whose child was assaulted by a fellow-student.  Disagreeing with the lower court, the appellate court ruled that “public schools have the responsibility to use ordinary care and to take reasonable steps to minimize foreseeable risks to students thereby providing a safe school environment.”  The educators were not immune from the negligence lawsuit because state immunity provisions, “are applicable only to claims by the student who was the object of discipline, and not injured third parties.”  J.D. by & Through Mingo v. McComb School District

— In New York, the Utica School District is installing a concealed weapons detection system for all 13 schools in the district.  The system will scan everyone entering the schools for weapons without leading to lines and students getting to class late.

— In Texas, the Dallas Independent School District is implementing the “Say Something Anonymous Reporting System” at schools with grades 6 through 12.  Students can use the app, website or hotline to submit tips about threats to campus. bullying or sexual harassment to the National Crisis Center. Creditable threats are evaluated and referred to campus officials and local law enforcement for action.

— In Florida,  House Bill 1421 has been enrolled – passed by the legislature – and is awaiting the signature of the Governor.  The provisions of  HB 1421 gives authority to the Marjory Stoneman Douglas Safety Commission to oversee the implementation of school safety measures, investigate responses by schools to school shootings, and develop recommendations for improvements.  The mental health of students will be a priority for campus programs.

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Safety Law News for April 15, 2022

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— In Arizona,  the Court of Appeals of Arizona held that a special relationship existed between the school district and a middle-school student who was assaulted by another student on campus.  The court refused to dismiss a case because, “the special relationship between a school and its students imposes an affirmative duty on schools to protect students from unreasonable risks of harm when they are at school or under its control.”  Evidence showed that the district was aware of many disciplinary incidents at the school, knew that security guards were assigned to the school, but knew that the guards were not present on campus at the time of the assault. Hale v. Window Rock Unified School District

— In Kentucky, the passage of House Bill 63, requiring a school resource officer in every school, is placing local school districts in crisis.  The mandate is unfunded.  Schools are pondering how to pay for the officers.

— In Colorado, an amendment has been submitted to the state budget to increase the amount of an annual grant program created last year to improve school bus safety.  Under the provisions of SB 22-085, funding would increase for a parental notification app to alert when a school bus is arriving or is late to pick up students.  In addition the legislation provides for silent alarms and crash detectors on school buses to alert first responders to its exact location.

— In Maryland, the Baltimore City Public Schools has cut ties with one of its bus contractors over safety concerns.  The district said that the contractor failed to meet several standards that would protect student safety, including insuring that buses are state approved and registered, drivers certified, and that buses consistently arrive and pick up on time.

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Safety Law News for April 13, 2022

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— In Washington State, the Court of Appeals of Washington ruled that a school district has a special relationship with its students requiring their protection from foreseeable dangers.  The court explained that the duty extends to students engaged in interscholastic sports.  Therefore, the court refused to dismiss a case brought by parents of a student who died during a summer football conditioning workout.  The parents alleged that the school failed to properly implement its emergency action plan, failed to comply with district policies, and failed to ensure that coaches complied with school rules.  Harris v. Federal Way Public Schools

— In Ohio, the Governor announced the creation of the Ohio Student Safety Advisory Council within the Ohio School Safety Center (OSSC). The student-led Council will work to identify school safety concerns and develop innovative solutions to address them.

— In Florida, House Bill 235 was signed into law.  Its provisions prohibit school personnel from using handcuffs, zip-ties, straightjackets or other devices on students.  School resource officers, school safety officers, school guardians, or school security guards can use these mechanical restraints on students.

— In Nevada, teachers and staff in the Clark County School District are requesting new safety measures for schools after a violent attack on a schoolteacher.   Employees and the teachers’ union are preparing a list of reforms, including updating camera systems, installing panic buttons, and increasing the number of school monitors and school safety officers.