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Safety Law News for July 21, 2022

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— In New York, the Supreme Court, Appellate Division, held that, “where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, any lack of supervision is not a proximate cause of the injury.”  As a result, the dismissal of a case brought by a student injured on campus was affirmed.  The injury occurred when the student, while pretending to play basketball in the school’s entranceway, inadvertently slapped a glass panel of a wall-mounted display case instead of hitting the wall, causing the glass to shatter.  The court noted that while, “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,” unforeseeable and “sudden and spontaneous occurrence(s)” fall outside this duty. R. B. v. Sewanhaka Central High School District

— In Washington, D.C. the National Disability Rights Network (NDRN) sent a letter to federal agencies regarding the implementation of the Luke and Alex School Safety Act of 2022.  The Act is part of the recently enacted Bipartisan Safer Communities Act.  It directs the Department of Homeland Security (DHS) in coordination with the Secretary of Education (ED), Attorney General (AG) and Secretary of Health and Human Services (HHS) to establish a Federal Clearinghouse on School Safety Evidence-based Practices.  The Letter ask the federal agencies for a transparent and inclusive process for implementing their obligations under the Act.

— In Georgia, the Georgia Department of Education and the Georgia Emergency Management and Homeland Security Agency are using a federal grant to fund a new website to disseminate school safety resources and updated training to Georgia schools, community partners and the public.  Every public school in Georgia is required to have a school safety plan, and to conduct drills on that plan. Plans address school violence prevention training, mental health awareness, school security measures, partnerships with public safety officials, and are developed in coordination with local law enforcement and the local juvenile court system.

— In Texas, the Dallas Independent School District now requires clear or mesh backpacks for students.  School officials will distribute the backpacks before the start of the school year.  The district said the decision stems from recommendations made by the district’s safety and internal task forces as well as student and parent feedback gathered earlier this month.

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Safety Law News for July 18, 2022

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— In Pennsylvania, the United States Court of Appeals reversed the suspension and expulsion of a student who, while off campus with friends, “took a picture of his friends wearing wigs and hats, including one hat that resembled a foreign military hat from the World War II period (and) posted (it) on the social media platform Snapchat (with the) caption.. ‘Me and the boys bout to exterminate the Jews.’”  The appellate court applied the rules of the recent U.S. Supreme Court case Mahanoy Area School District v. B.L., 141 S. Ct. 2038 (2021), characterizing it as a case that “identified…features of off-campus speech that often, even if not always, distinguish schools’ efforts to regulate that speech from their efforts to regulate on-campus speech.”  The appellate court ruled that as to the school’s “anti-vulgarity interest,” in disciplining the student that Mahanoy removes any authority educators have for disciplining off-campus speech for this reason.  As to “students being upset by the post and discussing it (at school),”  the appellate court stated that after Mahanoy, “(the) risk of transmission to the school does not inherently change the off-campus nature of all speech on social media.”  Therefore, applying the standard of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the appellate court found that “some students being upset by the post and discussing it during class for a few days …did not meet Tinker’s demanding standard of  ‘substantial disruption’ of a school activity or a threatened harm to the rights of others that might justify the school’s action.”  Finally, the appellate court protected the hate speech reflected in the statement, “me and the boys bout to exterminate the Jews,” citing references from the Mahanoy case that, “offensive, controversial speech can still be protected.” The appellate court remanded the case so that the trial court could address the question of qualified immunity. C1.G on behalf of C.G. v. Siegfried

— In Texas, the 77-page Report from the Texas House of Representatives on the May 24 shooting at Robb Elementary School in the city of Uvalde found systemic failures and egregiously poor decision making” on behalf of law enforcement and school officials.  The Report cites a “failure of command,” in which “the school district fell short on campus safety preparations and …law enforcement moved too slowly.”  The Governor released a statement committing to working with the legislature “to develop and implement the necessary changes to improve public safety, school safety, and mental health assessment and treatment.”

— In Georgia, the school safety program of the Cobb County school system allows employees, not teachers, to carry guns at school.  The Cobb County School Board approved the policy authorizing the superintendent to authorize certain school employees to carry guns on school property, on school buses and at school events.  The staff members will have to be licensed, undergo the same gun training as certified school resource officers, and take a psychological evaluation.

— In Kentucky, the Hardin County Sheriff’s Office announced all deputies, including school resource officers, will begin wearing body cameras.  The cameras were purchased through community donations and fundraisers.

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Safety Law News for July 15, 2022

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— In Minnesota, the United States Court of Appeals applied the standard of Tinker v. Des Moines Independent Community School District, to vacate the decision of the lower court that allowed school officials to discipline students who wore T-shirts displaying a Smith & Wesson logo and the image of a revolver.  The court held that the more lenient standard for student speech restrictions in a nonpublic forum from the case of Hazelwood Sch. Dist. v. Kuhlmeier, did not apply because the T-shirts were not school sponsored.  On remand the issue will be whether a disruption was caused by the wearing of the T-shirts.  N.J. by Jacob v. Sonnabend

— In Virginia, the Henrico Public Schools requested $5 million from county supervisors to increase school security.  The request is for 10 additional school resource officers, in addition to expediting the school system’s camera replacement/enhancement plans.  The officers would not be involved with behavior management but would instead be used to help secure school buildings and fill the gaps that may exist with staffing. The officers would also undergo rigorous training to ensure they are qualified to handle a mass emergency in a school.

— In Virginia, the Roanoke City Public School Board approved a new set of safety measures for the upcoming school year.  Elements of the revised program include school resource officers in each school, an increase the number of cameras on campuses, replacing antiquated lock sets, the creation of new security technician position, a safety tip line system, and adding additional assistant principals.

— In Iowa, the Cedar Rapids School Board voted to approve the district’s School Resource Officer contract with Cedar Rapids Police.  The Board had previously tabled the issue, due in part to a lack of survey data from students regarding the program.  The SRO program received full support from the Cedar Rapids City council at a June meeting.  The Cedar Rapids Police Department recommendation was also for continuing the program in Cedar Rapids schools.

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Safety Law News for July 12, 2022

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— In Pennsylvania, the United States District Court refused to dismiss the lawsuit of a student who experienced a sexually hostile and racially hostile educational environment that was known to educators but ignored.  The Title IX claim (prohibiting a sexually hostile educational environment), the Title VI claim (prohibiting intentional discrimination based on race in any program that receives federal funding), the Pennsylvania Human Relations Act claim (prohibiting discrimination based on race and gender), were appropriate in light of a pattern of conduct by educators who, “failed to adequately respond to the reports of race and gender-based harassment …which resulted in (the student) being further victimized by her peers.”  Stosic v. West Jefferson Hills School District

— In Colorado, community awareness is growing that officials in the Denver Public Schools are recreating its school safety plan around police officers.  In 2020, the Denver Public Schools ended its contract with the Denver Police Department to provide the school resource officers.  Student safety is the primary reason school officials are bringing back the police.  Incidents requiring police reporting (required under state law) and intervention have increased, “nearly 25 percent from the fall of 2019 to the same period this year, including seizures of several loaded firearms, plus a machete and multiple other weapons…(O)ne student had been stabbed by a knife, and marijuana possession was up by almost 40 percent.  In California, the Fresno Unified School Board members recently voted to fund the placement of school resource officers in local middle schools for the same reason of student safety.

— In Arkansas, the Arkansas School Safety Commission is recommending a unified law enforcement response protocol to prevent confusion during a school shooter incident on a school campus.  The elements of the protocol include a unified training regimen for law enforcement as well as minimum standards for collaborating with schools during an incident.

— In Indiana, police and educators are fine-tuning active threat training, trying to place personnel in situations that resemble previous school attacks.  Officers take turns simulating different scenarios during which they might have to confront a school shooter and firing rounds of non-lethal ammunition, if the shooter attacked an officer.

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Safety Law News for June 29, 2022

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— In Kentucky, the Court of Appeals of Kentucky, affirmed the denial of immunity to a teacher who failed to report bullying in her class.  The appellate court said that “(t)he application of qualified immunity rests not on the status or title of the officer or employee, but on the function performed. …Specifically, the analysis depends upon classifying the particular acts or functions in question in one of two ways: discretionary or ministerial.”   In other words, “qualified immunity does not protect one who negligently performs, or fails to perform, a ministerial duty (which) is absolute, certain, and imperative, involving merely execution of a specific act arising from fixed and designated facts.” Immunity was denied to the teacher because under Kentucky law, “a special relationship is formed between a Kentucky school district and its students compelled to attend school such that there is an affirmative duty on the district, its faculty, and its administrators to take all reasonable steps to prevent foreseeable harm to its students.” Newman v. J.A.

— In Missouri, the St. Charles County Council is planning to add school resource officers to elementary schools for the 2022-23 school year.  Officers are already in the high schools and most middle schools.  Using funding from the American Rescue Plan Act (ARPA), the officials will provide 14 additional officers at no cost to the districts.

— In Oklahoma, the Governor has issued an executive order focusing on boosting security in schools.  In the executive order, a six-point plan directs schools to assess safety. The directive includes training for law enforcement and behavioral training for teachers.

— In Oklahoma, an investigation by the Norman Public Schools Superintendent and Norman Police Department revealed the failure of educators at a local high school to protect students who were victims of graffiti inside a bathroom containing their names.  Along with the names were racial slurs, homophobic slurs, and the declaration, “Shooting up this damn place 2/28/2022.”  The graffiti drew public attention after a teacher leaked photos of the graffiti to a parent.  The whistle-blowing teacher was fired.  According to the investigation, educators began cleaning up the graffiti before the school could document the writings and before the police had a chance to look at it.  Police didn’t know about the racial slurs or shooting threat until a reporter reached out to the department with the photos.

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Safety Law News for June 24, 2022

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— In New York, the United States Court of Appeals upheld the dismissal of an educator for making a series of inquiries concerning a potentially dangerous student at the high school.  The educator was concerned about the potential for physical harm to her child who was also enrolled at the school.  Administrators viewed the inquiries and statements as inappropriate.  Both the lower court and the appellate court rejected the First Amendment retaliation claim because (as an employee) her speech, “does not qualify for First Amendment protection.”  The courts explained that, “[t]o establish that her speech was protected, Henderson must demonstrate that it addressed a matter of public concern… (S)peech that principally focuses on an issue that is personal in nature (e.g., the safety of her son) and generally related to the speaker’s own situation —even if touching on a matter of general importance—does not qualify for First Amendment protection.” Henderson v. Greenville Central School District

— In Virginia, the Department of Criminal Justices Services Board will give $5 million to local governments across the state for school resource and security officer positions in the next fiscal year.  A school resource officer is a certified law enforcement official employed by a police department, while a school security officer is employed by the school.  The funding is part of a broader package of public safety grants — more than $37 million — going to local criminal justice programs, including gun violence prevention, victim witness, and substance abuse treatment programs.

— In California, the Orange County Board of Supervisors unanimously approved an expansion of the school resource officer program to include an officer at each school.  The recent school shooting in Texas influenced that decision to increase campus safety.

— In Oklahoma, the Bartlesville Public Schools Board of Education unanimously approved the hiring of six additional school resource officers which will place one officer in each of the district’s schools.  School officials said that the recent shootings at a school in Texas and at a medical facility in Tulsa hastened the move.