Uncategorized

Safety Law News for January 28, 2022

by  • 

–  In Wisconsin, the United States Court of Appeals rejected the lawsuit of a parent who claimed that the school policy of conducting a canine drug search of the parking lot, where one of his daughters parked his car violated the Fourth Amendment.  The court affirmed the lower court, noting that local officials did not need an, “articulable reason to call in a drug-sniffing dog if doing so does not otherwise invade a person’s legitimate interest in privacy (such that) a drug sniff that occurs in a public space does not invade a legitimate expectation of privacy.” The court agreed that law-enforcement officials “had probable cause to search the car based on the canine’s alert” and that his child “was not treated differently from other students at the school.”  O’Grady v. City of Portage  and O’Grady v. Garrigan

— In California, officials for the Mountain View Whisman School District and the Mountain View-Los Altos High School District have both come out strongly in support of keeping their School Resource Officer program.  Mountain View police have been quietly operating in local schools for decades.  A plurality of students and a majority of parents support the program.

— In California, officials for the San Jose Unified School District are bringing police back to their schools.  The reversal allows each individual school to submit a request for a school resource officer during the school day and for sponsored events.  The school district is implementing a memorandum of agreement with local police, containing the duties and responsibilities of the returning officers.

— In Pennsylvania, the Allentown School District received nearly $50,000 in state grants that will allow the district to upgrade equipment and teach students conflict resolution skills.

Uncategorized

Safety Law News for January 24, 2022

by  • 

— In Oklahoma, the Court of Civil Appeals of Oklahoma ruled that a school was not immune from claims by a student victim of bullying at school.  The student’s lawsuit claimed that negligence by district employees in the daily execution of the district’s anti-bullying policy resulted in her victimization.  The court held that state law does not immunize a school district from a claim of negligence by employees in implementing the anti-bullying policy.  J.W. v. Independent School District No. 10 of Dewey County

— In Pennsylvania,  $8 million is being granted to schools throughout Pennsylvania for school safety.  The Safe Schools Targeted grants, are meant to increase school safety by purchasing equipment, enacting new programs, and hiring security personnel and school resource officers.

— In North Carolina, officials in the Charlotte-Mecklenburg Schools are implementing a reporting system this week that allows students to submit anonymous safety concerns. The “Say Something” Anonymous Reporting System is designed to help prevent violence in schools communities by educating students and adults on how to recognize warning signs and act immediately by telling a trusted adult or submitting an anonymous tip.

— In Kentucky, officials at the Jefferson County Public Schools are adding additional rigor to the training of its incoming school safety officers.  The officers, who are sworn police but report to the director of security and investigations, will undergo an additional 60 hours covering a range of topics like diversity and bias awareness training, de-escalation strategies, and trauma-informed action.  State law requires only 40 hours of training.

Uncategorized

Safety Law News for January 19, 2022

by  • 

— In California, the United States District Court held that the repeated handcuffing of a special education student by educators and police for “acting up” did not merit qualified immunity.  The court ruled that immunity, “does not apply to officers who use unreasonable force.”  The court noted that the conduct of the officers was, “an “obvious violation” of clearly established standards.”  C.B. v. Moreno Valley Unified School District

— In Florida, the legislature in considering a policy that would add cameras to school zones for speeding fines.  Under House Bill 189, drivers would be issued a warning for the first offense. After the first offense, tickets with a fine of $132 would be sent to drivers. in the mail. 

— In Virginia, some school districts plan to disregard Governor Youngkin’s mask order. Executive Order Two makes mask-wearing in schools optional, empowering parents to decide whether children should wear masks.  However, Arlington, Loudoun, Fairfax and Prince William county schools have all announced that their mandatory mask guidelines will stay in place.

— In New Mexico, the Bennie Hargrove Gun Safety Act has been introduced.  The provisions of the legislation dictate that if a minor takes an unsecured weapon and shows it off in public, there would be a fine and a misdemeanor charge for the gun owner. If someone is injured or dies, then the gun owner could be charged with a felony.  Hargrove was shot and killed at Washington Middle School by a fellow student.

Uncategorized

Safety Law News for January 12, 2022

by  • 

— In California, the California Court of Appeal held that a school had a duty to protect a middle school student from sexual abuse by its music instructor even without actual knowledge of prior abuse or propensity.  The court reversed the dismissal of the case and remanded the lawsuit back to the trial court because, “(a)dministrators who fail to notice, identify, and respond to warning signs that suggest an employee is sexually abusing or will sexually abuse a student bear some moral responsibility for the abuse.”  At trial, the issue will be, “whether the measures school district took to prevent sexual abuse of students and to supervise the music instructor and middle school student were reasonable…(because) “(a) school district that fails to reasonably supervise employees and students increases the likelihood that an employee will sexually abuse a student.”  Doe v. Lawndale Elementary School District

— In Connecticut, the Norwich Board of Education unanimously supported a move to bring school resource police officers back to the its middle schools in response to increased disciplinary issues.  The belief the Board is that, “(g)iven the climate in our schools, given the pandemic and the totality of what’s going on in our world today…the SROs belong back in our middle schools.”

— In Virginia, three proposals on school safety are being introduced in the legislative session.  HB 8 would allow veterans with at least 10 years of active duty military service to be become a School Resource Officer (SRO).  HB 12 would limit the number of entrances per school building and screen each person that enters the school.  HB 37 would mandate an SRO for every high school and middle school and require that the SRO serve on the school’s threat assessment team.

— In Idaho, Lewiston Police Department School Resource Officers are promoting the new “See, Tell, Now!” app, which is an online tool that provides a means for anyone to report suspicious activity anonymously, to ensure safety at school. 

Uncategorized

Safety Law News for January 7th, 2022

by  • 

— In New York, the Supreme Court, Appellate Division held that a trial court improperly dismissed the case of a student who was injured in a physical education class during which he was blindsided by a much larger student while playing touch football resulting in a fracture of his jaw.  The court returned the case to the lower court for trial because the record contained facts suggesting that the injury was the result of a foreseeable act of which the school had specific knowledge such that it could be reasonably anticipated.  “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.”  Specifically, the day before the incident, “there was a very similar incident involving a collision between two boys during a touch football game in physical education class, resulting in injury.”  Ismahan A. v. Williamsville Board of Education

— In Michigan, Michigan legislators  are forming a bipartisan taskforce to consider school safety policies in response to November’s deadly shooting at Oxford High School.  The goal is to enacts laws that will keep further violence from happening.  

— In Michigan, school officials in the Oxford Community Schools will require students to use clear backpacks on campus in response to November’s deadly shooting at Oxford High School. Officials have also taken other steps, e.g., hiring of a security company to put officers in schools; providing trauma specialists for students and staff; and having therapy dogs in schools.

— In Ohio, officials in the Toledo Public Schools are focusing on new policies to “kids safe before, during and after the school day.”  During 2021, many students were victimized – Toledo experienced 70 homicides in 2021 – with multiple incidents of guns found inside schools. Officials have already decided to conduct daily weapons checks and searches using metal detectors.

Uncategorized

Safety Law News for January 3, 2022

by  • 

— In Maryland, the United States District Court, refused to dismiss a case brought by parents of students who were assaulted in the school’s locker room as a part of a hazing ritual known as “brooming.”  The court ruled that the parents successfully stated constitutional injury claims based on the Fourteenth Amendment that, “includes a substantive due process right against state actor conduct that deprives an individual of bodily integrity.”  The court found that the educators promised appropriate oversight and discipline of known troublemakers, but failed to act; eliminated a previously required study hall for bullies; failed to implement supervision of the football locker rooms, despite being directed by higher ups to do so; and ignored the fact that coaches had failed to take mandatory training.  Doe v. Montgomery County Board of Education

— In New York, the St. Lawrence County Board of Legislators  passed a resolution authorizing the board chair to sign contracts establishing a school resource officer program for school districts in the county.  SROs, according to the resolution, will be a deputy sheriff of the county Sheriff’s Office who is assigned to work in collaboration with a particular school. The role of the SRO includes being a protector, enforcer, first responder, mentor and community liaison.

— In Tennesseee, the Memphis school board unanimously voted to keep sheriff’s deputies in schools and renewed its school resource officer program.  The memorandum of understanding was amended “to address community concerns and national conversations about negative interactions between students and campus police.”

— In Mississippi, Columbus officials are partnering with the Columbus Municipal School District to explore problems and possible solutions to the increase in gun violence.  According to data, seventy-one students have experienced gun violence in the past five years as a victim or shooter.  The Columbus schools require students to enter the building through metal detectors at least three times a week, or more often after a violent event has occurred in the community.