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Safety Law News for December 5, 2024

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— In Illinois, the Appellate Court of Illinois reversed the judgment of the circuit court and affirmed the decision of a school board to impose a one-year expulsion upon a student for bringing a fake handgun to school.  The decision arose out of the incident in which a school administrator discovered a loaded pellet gun in the locker of the student.  Believing it to be a real firearm, school officials signaled the alarm, implementing the steps required under school policy to secure the weapon, effectively disrupting the school day.  The student was suspended.  Later, the school board imposed a one-year expulsion based upon a Report by the Hearing Officer.  The student argued and the circuit court agreed that “the expulsion be expunged from his disciplinary record (because) the District had not exhausted all appropriate and available interventions before recommending expulsion.”  The appellate court reversed applying the rule that “the state, having compelled students to attend school and thus associate with the criminal few—or perhaps merely the immature and unwise few—closely and daily, thereby owes those students a safe and secure environment.”  Based upon this duty, “we would still see no abuse of discretion in Board’s decision to expel… First, (the student) committed a serious offense by bringing a lookalike gun to school in knowing violation of school rules. Second, (the student) had a lengthy disciplinary history that, while comprised of largely minor infractions, suggested a consistent refusal to follows rules and respect authority. Third, (the student’s)  decision to bring a lookalike gun could reasonably cause fellow students to be fearful of his ongoing presence at school, thereby affecting the delivery of education services. Fourth, the Board’s selection of a one-year expulsion is a severe sanction. While not the harshest punishment available, which would have been a two-year expulsion, the legislature has cautioned that removing a student from his established learning environment is to be avoided if at all possible. And finally, for that same reason, expulsion would not be in A.A.’s best interests. When we consider these factors as a whole, we do not see an abuse of discretion.”  A.A. by and through Pasillas v. Board of Education, Summit School District No. 104

— In Georgia, school officials in the Barrow County Board of Education received input from the community on school safety policies in the aftermath of the death of two students and two teachers in the shooting at Apalachee High School.  The gist of the feedback is that “there is a lack of urgency from the board of education.”

— In Washington State, legislators are considering two proposals to enhance school safety.  Senate Bill 5003 would require the Washington Office of Superintendent of Public Instruction to create a school security and preparedness infrastructure grant program to encourage improvements in campus safety.  Senate Bill 5004 would require schools to update emergency response systems to include panic alarms or alert buttons.

— In Alabama, legislators are considering a state-wide ban on cell phones in schools.  House Bill 65 “would require the Alabama Board of Education to create a model policy that, at a minimum, prohibits public K-12 students from using an electronic communication device during the school day. The bill allows exceptions in case of an emergency or if using the device is part of a student’s Individualized Education Program or 504 plan.”

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Safety Law News for December 4, 2024

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— In New York, the New York Supreme Court, Appellate Division reversed the dismissal of a case involving a student-on-student assault in which the parents alleged “negligent supervision due to (school’s) failure to protect (the injured student) from the assault.”  The lawsuit arose when “(the injured student) was walking toward the cafeteria for lunch when she noticed (the assailant) glaring at her. (The injured student)  continued into the cafeteria, at which point she was approached and assaulted by (the assailant), who started punching .. and slamming “(the injured student’s)  head into a pillar…(the assailant’s) friend then joined in the attack.”  Educators argued for dismissal and the lower court agreed because “the attack was not foreseeable, nor was (the school’s) alleged negligence a proximate cause of E.E.’s injuries.”  The appellate court reversed citing the rule of law in which “(s)chools are under a duty to adequately supervise the students in their charge and… Evidence of the foreseeability of a student-perpetrated assault may include prior specific knowledge of the student’s propensity to engage in such conduct.”  Liability depends on “whether, under all the circumstances, the chain of events that followed the negligent act or omission was a normal or foreseeable consequence of the situation created by the school’s negligence.”  The appellate court ruled that what is important is “(t)he issue is not the speed of the punch, but the circumstances leading up to and surrounding that conduct.”  Therefore, reversal was required due to the record that showed that “(the assailant) had a school disciplinary history of 18 incidents…which resulted in numerous detentions and suspensions. Of these 18 incidents, it appears that at least five involved acts of violence…One of the suspensions was for lighting a fellow student’s hair on fire, while another suspension was for her previous attack on (the injured student)…the evidence … was sufficient to raise triable issues of fact.  T.E. v. South Glens Falls Central School District

— Nationally, “the U.S. Department of Education is calling on every state, district, and school to adopt policies that guide the use of student personal devices in schools, and today is issuing a new resource.”  The resource, Planning Together: A Playbook for Student Personal Device Policies, “offers a model process that education leaders can use to design policies for use of cell phones and other personal devices in schools alongside educators, students, parents, and caregivers.”

— In Maryland, “Harford County Government and Harford County Public Schools announced a partnership on Tuesday to improve security measures and safety in the schools.”  This comes after a fatal shooting in an area high school.  The  focus of the collaboration will be adding “advanced weapons detection systems, enhanced camera systems, door alarms and other security upgrades.”  In addition, “the funding includes adding three new school resource officers to work at some of the county’s elementary schools. SRO’s are already working in each of the district’s high schools and middle schools.”

— In Illinois, the Illinois Emergency Management Agency and Office of Homeland Security is launching a school safety and prevention program designed to “empower students to take an active role in creating safer school environments.”  The program is managed by Southern Illinois University Edwardsville and EdVenture Partners.  It “challenges high school students to design and implement peer-developed projects, tools, and strategies aimed at preventing targeted violence and hate within their schools and communities, using approaches that they believe will be most effective.”

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Safety Law News for November 25, 2024

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— In Oklahoma, the Court of Civil Appeals of Oklahoma upheld a liability verdict against a school for negligence and negligent supervision after an assault upon a student by a bully.  The assault followed  repeated bullying and verbal harassment by another student.  Reports of this state of affairs were made “on multiple occasions,” to the victim’s teacher and to the school Principal.  “No action was taken to stop (this) recurring behavior.”  The school argued that the Principal “did not consider any prior incidents between (the victim) and (bully) to amount to “bullying,” (but)… teacher at the school testified after the assault that the “conflict between (the victim) and (bully) had been brewing for weeks.”  Testimony established that the bully “walked up to (the victim) and immediately punched (him) in the chin… holding him in a headlock punching him in the forehead, after which (the bully) flipped (the victim) upside-down, tossed him headfirst onto the concrete and threw one final punch into the back of his head.  All of this was observed by a teacher on duty to monitor students, who was seen on video, “standing stationary in the background through the majority of (the bully’s) physical assault … making no efforts to intervene until…she directed (another student) “to break it up.””  The law governing this lawsuit required the victim to prove (1) the school owed a duty owed to protect him from injury; (2) a failure to properly exercise or perform that duty; and (3) injuries that were the proximate result of the school’s failure to perform its duty.  The appellate opined that, “foreseeability is the most important consideration (and) can extend to the actions of third parties…if it involves an unreasonable risk of harm to another through the foreseeable act of a third person.”  The appellate court affirmed liability because, “the record supports (the victim’s) contention that multiple employees of the School District … were aware of (the) persistent bullying (and) the repeated attempts by (the victim), his parents, and his teacher …to report (the) persistent bullying … and clear threats of violence… (and) multiple incidents of harassment and bullying which were formally documented by school administration… further contributing to the foreseeability of (the bully’s) conduct.”  Brown v. Muldrow Public Schools

— In Maryland, new guidelines for Active Shooter drills were released by the Maryland Center for School Safety.  “The new guidelines are designed to prohibit trauma-inducing elements like imitation of gunfire or explosions. The guidelines also require school systems to notify parents in advance when students will be practicing what to do in the event of an active shooter in their buildings.”

— In Iowa, “school districts are getting $70.5 million to increase security” after the State created the School Safety Improvement Fund.  “Districts approved could get up to $50,000 per school building to fix vulnerabilities.”  “The funding also builds upon the foundation of the Governor’s School Safety Bureau to support all schools and law enforcement partners with prevention, training and response strategies. A portion of the funding will be utilized to implement technology and tools including proactive social media scanning software, an anonymous reporting tool, digital critical incident mapping and specialized training.”

— In Ohio, “the number of school districts in Ohio that allow staff to be armed quadrupled, with 14% of the state’s districts now participating, according to the Ohio School Safety Center.  This policy is particularly compelling in rural school districts without sufficient access to police resource in the event of a crisis event.  One singular school district is arming its teachers and staff “as a measure of assistance for the single resource officer for eight schools across the district.”

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Safety Law News for November 22, 2024

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— In Georgia, the Court of Appeals of Georgia ruled that a teacher/high school basketball coach, who was charged with second degree murder after a student died during practice, was not entitled to immunity from criminal prosecution under Georgia School Safety Act.  The incident involved a conditioning drill which “required the students to complete a number of drills, including stretching, running a mile, planks, and running up and down the bleacher stairs.”  “During the last exercise, which involved running up and down the bleacher steps, (the student) collapsed and ultimately died.”   The coach was “indicted for second-degree murder, cruelty to children in the second degree, involuntary manslaughter, and reckless conduct.”  The educator asserted immunity under Georgia law (the Georgia School Safety Act) that provides, “an educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith.”  The court denied immunity.   The court ruled that, “(t)here is no dispute that in conducting the basketball session, (the coach) was discharging her duties in educating students and retained broad judgment in planning the safe conduct of the session and in deciding whether any safety hazards existed…. however, there is no indication that (the coach) took any actions to impose order or control over the students; rather, (the coach) was engaged in managing and supervising the students through her presence as a coach during a routine training session at the time of (the student’s) death.  If we adopted the position advocated by (the coach), the immunity afforded under (the Georgia School Safety Act) would essentially extend to any act of an educator in the course of performing his or her professional duties — an interpretation we find is broader than the language the General Assembly has adopted.”  Asekere v. State

— In Pennsylvania, school officials, the teacher’s union, and parents in Philadelphia are raising the alarm on school district policies after a middle school student stabbed two teachers’ aides.  At issue how the student got pass the metal detector, in use at the school.  The teacher’s union asserts that the incident is “due to really an epic administrative failure.”  “There was no lockdown announcement immediately made, but a paraprofessional… went door-to-door to tell teachers to lock their doors” while the student was in the building after the stabbings.

— In Florida, the State Board of Education approved new state-wide standards that require “school districts to make available a training for parents and guardians on the state app FortifyFL, including the consequences for making a threat or false report.”  The Board also announced its intention to “monitor school districts and public schools for compliance with school safety requirements.”

— In Oregon, local agencies in Redmond “renewed their dedication to the Safe Schools Alliance, a partnership between schools, law enforcement, and public health agencies focused on enhancing safety measures in the face of threats or violence. The 26-year-old alliance remains a vital resource for fostering a secure learning environment.”

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Safety Law News for November 21, 2024

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— In Ohio, the Court of Appeals of Ohio affirmed the adjudication of a student for disorderly conduct at his school in violation of provisions of state law.  The student used profane language directed at the administrator who, while teaching a class, told the student to put the hood down on his sweatshirt in compliance with school policy.  The range of language used included, “Big fucking mistake, sir. Big fucking mistake,” and “You don’t know what I can do,” and “You’re done.”  “The administrator testified that (the student’s) aggressive demeanor made him nervous and fear for his safety.”  School surveillance video and testimony from the school resource officer established that the student “displayed almost an attack stance by clenching his fists and “rubbing his fists together… potentially going into a violent manner.”  The appellate court applied the rule that prohibits persons from “recklessly caus(ing) inconvenience, annoyance, or alarm to another by… threatening harm to persons or property… in violent or turbulent behavior… committed in the vicinity of a school or in a school safety zone.”  The adjudication was affirmed because “after viewing the evidence in a light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that G.F. recklessly caused inconvenience, annoyance, or alarm by engaging in violent or turbulent behavior at the school.”  In Re: G.F., Adjudicated Delinquent Child

— In South Dakota, the Rapid City Board of Education approved a resolution to keep its school resource officers.  “Multiple board members shared they had found the majority of the public favored keeping school resource officers in the interest of preserving safety in schools.”

— In Alabama, the Huntsville City School District voted unanimously to give key fobs to all Huntsville Police Department officers to gain access to all campuses.  One objective is to “make sure that our response times in dire worst case scenarios is more efficient, more effective.”

— In Texas, the Uvalde Consolidated Independent School District will receive a $1 million federal grant to improve crisis intervention programs.  The funds will be used to “improve security measures, including violence prevention and crisis response training for law enforcement and school resource officers, firearm safety training for community members, and data collection, technology, and information sharing to reduce violence.”

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Safety Law News for October 11, 2024

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— In Illinois, the United States District Court is sending a student’s injury claim to a trial jury based upon the allegation that school officials were deliberately indifferent prior to an attack by another student.  The injury to the student arose when the eighth-grade student reported a pattern of bullying, threats of physical violence, and racially offensive comments by another student, including “on social media platforms such as Snapchat.”  Up the chain of reporting, “the school did not intervene or discipline the (other student),” except “the assistant principal met with the (other student) and disclosed (the victim’s) complaint.”  That same day, the other student “physically attacked and severely injured (the victim) during school hours on school property.”  Finally, “the (other student) was suspended for two days.”  The standard of law announced by the court is  that  “racial harassment must be so severe, pervasive, and objectively offensive that it]undermines and detracts from the victims’ educational experience, and that the victim-students are effectively denied equal access to an institution’s resources and opportunities… (having) a ‘concrete, negative effect’ on the victim’s education, which may include dropping grades, becoming homebound or hospitalized due to harassment, physical violence, or physical exclusion from a school resource.” (Title IX), (Davis v. Monroe County. Board of Education).  The court denied the request of the school district to dismiss the case because “the Court can reasonably infer the attack was motivated by racial animus. And as alleged, the harassment had a concrete, negative effect in that it caused (the victim) to receive hospital treatment and miss class.”  Further, the court noted that “a school administrator is deliberately indifferent when his indifference, at a minimum, causes students to undergo harassment or makes them liable or vulnerable to it.”  Therefore, “because the assistant principal was a school administrator who likely had the requisite control”  the case will go to trial to determine liability.  Sojda on behalf of Sojda v. Chicago Board of Education

— In Oregon, “students with Portland Public Schools are taking a stand against gun violence in their communities.  Students spoke at (a) school board meeting…after they gathered 250 signatures for a petition, demanding district and state leaders to prioritize school safety.  Over the past month at campuses … there have been a number of threats and incidents involving guns on or near school property.”

— In Michigan, the Governor “signed legislation … that will give a $125 million boost to school safety and mental health programs, early next year.  School districts can spend the money in a variety of ways, according to their needs. Options include hiring school resource officers or upgrading alarms.” HB 5503 bill also “secures one million dollars to support a tip line for students to anonymously report improperly stored firearms that were accessible to a minor.” (HB 5503 HERE).

— In New Mexico, the Albuquerque Public Schools are partnering with the entity C1 to deploy a safety platform known as 911inform.  The technology “integrates seamlessly with APS’s existing infrastructure, enabling real-time data sharing with emergency responders and providing comprehensive visibility across all district sites.”