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Safety Law News for May 24, 2022

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— In California, the United States District Court upheld the decision of school officials to deny a student the opportunity to walk at his graduation ceremony as a result of his online behavior.  The student, while on the school’s campus and during school hours, posted to his personal Internet page a picture of another classmate with the caption “nig—.”  The court agreed with the disciplined student that, “the government cannot prohibit or penalize the expression of an idea simply because society finds the idea itself offensive or disagreeable.”  But, the court dismissed the case, ruling that, “(s)chools must achieve a balance between protecting the safety and well-being of their students and respecting those same students’ constitutional rights.”  Applying the standard of Tinker v. Des Moines School District, the court held that, “plaintiff’s speech occurred on campus and at least the right of one individual student to be secure and to be let alone was interfered with by plaintiff.”  Castro v. Clovis Unified School District

— In Wisconsin, the La Crosse School District announced a change in its school resource officer policy.  It will keep police on campus through the 2022-23 school year.  School officials intend to continue recent reforms in light of positive data on campus conditions, e.g., lower arrest and suspension rates, new social justice and mental health programs.

— In Massachusetts, the Massachusetts Department of Elementary and Secondary Education issued a report in which school safety is cited as an area in need of “immediate improvement.”  Stopping short of recommending a takeover of the school district by the state, the Report states that the problems involving school safety and data reporting “are abundantly clear.”

— In North Carolina, the North Carolina Safer Schools Task Force is placing greater emphasis on gun violence, gun education, and gun prevention.  The task force is composed of students, teachers, parents, education leaders, law enforcement, and staff from the North Carolina Department of Public Safety.  Its new program, “Educating Kids on Gang and Gun Violence,” will launch during the 2022-23 school year with the help of school resource officers.

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Safety Law News for May 20, 2022

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— In Tennessee, the United States Court of Appeals reversed dismissals of cases brought under Title IX by two students for student-on-student sexual harassment.  In separate incidents at different schools the students were assaulted, video-taped, and made to experience a hostile environment when the videos were published.  The court agreed that the students established that their unwelcome sexual contact was a result of the school district’s indifference to pervasive sexual misconduct in the schools, e.g., school disciplinary records revealed over 1200 instances of inappropriate sexual behavior over a four-year period, in which administrators violated Title IX by handling the incidents internally instead of referring them to the Title IX coordinator.  Therefore, before the assaults, “the school had actual knowledge of some actionable sexual harassment and that the school’s deliberate indifference to it resulted in further actionable harassment of the student-victim(s).”  Doe on behalf of Doe #2 v. Metropolitan Government of Nashville & Davidson County

— In Ohio, House Bill 501, if enacted, would authorize school boards to levy property tax “for the specific purpose of funding school resource officers for school districts located within their territory.”  This policy puts the decision of whether or not to have a school resource officer up to the voters in each school district.

— In California, officials in the Garden Grove Unified School District are modifying their school safety program to include a component to provide social-emotional support for students.  Administrators and local police are bringing trained support dogs onto campuses to help students facing stress or trauma.  The dogs, “have been trained to provide support despite chaotic environments and to remain calm and supportive to strangers, without barking or becoming aggressive.”

— In Colorado, House Bill 1376, passed by the legislature, addresses several school safety policy shifts.  First, the legislation bans handcuffing students, creating a working group to develop rules for when seclusion and restraint need to be reported.  Second, its provisions require schools to notify parents promptly when they restrain students.  Third, schools will be required to report publicly on aspects of student discipline, e.g., by race, ethnicity, and disability.  Fourth, the state police oversight board is authorized to create new standards for school police selection, training, and supervision

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Safety Law News for May 18, 2022

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— In California, the California Court of Appeal, held that the pre-season sports release/waiver, signed by a student and his parents, expressly barred the student from recovering for injuries in a school sponsored football game.  The court reasoned that the release/waiver, where the student both assumed the risk of injury and waived any liability, should be given effect.  The court agreed that the student could avoid the release/waiver by proving that the school was grossly negligent.  But “[the] evidence…showed [educators] were not grossly negligent.”  Brown v. El Dorado Union High School District

— In New Mexico, the Las Cruces Public School District announced plans to prevent cannabis products from getting onto its campuses after school officials and school resource officers from the Las Cruces Police Department have confiscated numerous packages that resemble popular snacks but are infused with THC.  The schools will collaborate with a Crime Stoppers Campus Chapter to supply the details of a policy in which students caught with cannabis products will face suspension and a misdemeanor arrest.

— In Maryland, officials in Baltimore County are discussing with students and parents how to  strengthen its student discipline policy.  The current policy constrains discipline based on the implementation of tolerant restorative justice principles.  The NAACP is pushing for more accountability.  County officials are proposing four new Student Resource Officers float among schools.

— In Wisconsin, students and parents from the La Crosse School District are protesting the removal of School Resource Officers (SROs) from the district.   The La Crosse School board has reduced the number of SROs in the district from five to three. It plans on further reducing that number to two by July 1.  The students presented a petition to the school board with over 300 signatures to keep the police officers in school.

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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.