Uncategorized

Safety Law news for April 22, 2022

by  • 

— 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)

Uncategorized

Safety Law News for April 18, 2022

by  • 

— 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.

Uncategorized

Safety Law News for April 15, 2022

by  • 

— 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.

Uncategorized

Safety Law News for April 13, 2022

by  • 

— 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.

Uncategorized

Safety Law News for April 8, 2022

by  • 

— In Michigan, the United States Court of Appeals affirmed a lower court denial of qualified immunity for two school resource officers.  A student filed a lawsuit asserting a violation of his rights under the Fourth Amendment when the officers used excessive force to forcibly remove the student from the school building.  The court held that the “use of force was unreasonable in violation of the Fourth Amendment. (The student) was not suspected of any serious crime, was not posing a threat at the time he was struck and was not resisting arrest.”  The 14-year old student was reentering the school after school ended to retrieve personal property.  E.W. v. Detroit Public School District

— In Kentucky, Owensboro Police Department school resource officers in the school district’s middle and high schools carry Narcan as part of their safety protocol. Officers in the Daviess County Public Schools Police Department are also being equipped with Narcan for use if they need to resuscitate a student or a staff member having a reaction to opioids.

— In Pennsylvania, the Pennsylvania Attorney General released a Report on school safety detailing the sharp increase in reports of potential violence in schools made to the statewide tips system Safe2Say Something PA.  Staff in the Attorney General’s office analyze the tips and report safety concerns to local school districts and the 911 center.

— In Nevada, the Clark County School District removed the principal of a high school because the school was not safe.  Desert Oasis High School was experiencing serious incidents that placed students at risk of harm, including a student arrested with a gun on campus, multiple fights, and two consecutive days where the school was placed on lockdown.

Uncategorized

Safety Law News for April 4, 2022

by  • 

— In Iowa, the United States District Court ruled that a school that failed to have a Title IX policy in place such that campus administrators did not know who was responsible for Title IX compliance and did not understand all that a Title IX investigation entailed, could be liable in money damages for the sexual assault of a student.  The school held its Title IX training subsequent to the assault.  Under these circumstances, the court held that, “a reasonable jury could find defendant’s failure to train was a conscious choice and was deliberately indifferent to the rights of students.”  Nissen v. Cedar Falls Community School District

— In Illinois, the legislature approved House Bill 4994 (HB 4994) with the expectation that the Governor will enact its provisions.  The primary purpose of the law is to identify the school districts that fail to comply with the state school threat assessment law.  Schools must now develop a threat assessment team and a threat assessment protocol that targets school violence and prevention.  The threat assessment team must include mental health professionals as well as representatives from state, county and local law enforcement agencies.

— In Washington, officials at the Spokane Police Department are disclosing a history of police reports that show that Spokane Public Schools respond inconsistently to campus safety incidents. The police chief sent a letter to school officials on the matter.  In the wake of evidence of reticence by educators to inform police of incidents that place students at risk of harm, the FBI has announced its intentions to investigate the failure of the school district to comply with its reporting obligations.

— In Washington, D.C., the Mayor’s 2023 budget calls for keeping police officers in schools, setting up another clash with the D.C. Council, which voted last year to phase out police in school buildings despite strong opposition from the mayor’s administration.