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Safety Law News for August 27, 2021

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— In Missouri, the Federal District Court ruled that school officials did not violate the First Amendment rights of a student by suspending her from the volleyball team.  The suspension followed evidence that the student recorded a video of herself drinking alcohol and shared the video with a Snapchat group.  The court ruled that the suspension was for the misconduct of the student not the speech.  In so doing, the court distinguished this valid school discipline from the Mahanoy Area School District v. B.L., where the U.S. Supreme Court held that a student’s profanity towards cheerleading in the Snapchat instant messaging app was protected speech.  Therefore, in this case the school could properly consider the messages as evidence of the student’s illegal conduct.  Cheadle v. North Platte R-1 School District

— In California, officials from the Palm Springs Unified School District approved negotiations that would allow for school resource officers to return to campus. The return of the officers still depends on the approval of each city council and final approval from the Palm Springs School Board.  

— In Kentucky, a Report by the Kentucky Office of the State School Security Marshal found 57% of Kentucky’s school districts do not have SROs, despite a state law requiring them.  The legislation did not provide funding for SROs.  

— In Illinois, the U-46 School Board for students in Elgin and the villages of Bartlett, South Elgin and Streamwood is requiring that law enforcement officers be trained on nonviolent crisis intervention techniques and special needs awareness.

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Safety Law News for August 23, 2021

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— In Georgia, the Court of Appeals of Georgia ruled that sovereign immunity barred the claim of a student against educators in their official capacities for injuries received when food, kept at an excessive temperature in the school lunchroom, fell upon and burned the student. However, the court ruled that the educators could be liable in their personal capacity for the injuries to the student and refused to dismiss the case.  The court reasoned that sovereign immunity protects governments at all levels from unconsented-to legal actions.  Even so, educators are personally liable for ministerial acts negligently performed or acts performed with malice or an intent to injure.  Parr v. Cook County School District

— In Florida, the Florida State Attorney announced that criminal charges will not be sought against a school resource officer who was caught on surveillance video slamming a female student to ground.  The investigation concluded that the officer was trying to break up an incident between the girl and another student before taking the action.  This is consistent with the law of the use of force in schools that provides that increased force is justified when the conduct of the student escalates a tense situation, e.g., the responses of school officials (and school resource officers) are a reasonable attempt to protect the safety of others as well as the safety of the official.

— In Missouri, officials are reminding educators, parents, and students of the state-sponsored “Courage2Report” program.  The Courage2Report program allows anyone to either call, go online, or use their mobile app to report problems such as assault, bullying, weapons at the school, planned attacks, or sexual offenses and human trafficking.

— In Pennsylvania, Philadelphia officials are announcing policies to ensure students get to and from school safely after a summer of gun violence in which 137 victims under the age of 18 have been injured from gun violence this year. Thirty-two have been homicides.  Emphasis is being given to the neighborhood watch program Safe Corridors.  The program is a collaboration between the District, businesses and community members and aims to provide extra supervision for students traveling to and from school.  Another resource is the Out-of-School Time Program, which provides learning opportunities for students before and after school hours and is also offered during holidays and the summer.

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Safety Law News for August 17, 2021

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— In New York, the New York Supreme Court ruled that school officials will be liable for injuries to students when the educators fail to follow their own safety rules.  The court, in justifying its refusal to dismiss a lawsuit by a student injured during a class activity held that, “(w)hile defendants’ submissions established that the physical education teacher who supervised water polo had modified the typical rules thereof to prevent contact, defendants’ papers raise issues of fact whether those rules were enforced, the water polo game as modified was safe and age-appropriate, and the supervision of the game was reasonable under the circumstances.” Zalewski v. East Rochester Board of Education

— In Wisconsin, school resource officers in Oshkosh are using sensory bags when they respond to a scene involving an autistic student.  The sensory bag contains items that may help calm down the student.

— In California, the San Jose Unified School District trustees are resuming the use of San Jose police officers to keep students safe.  When confronted with the looming crisis of no security plan after a prior vote to end the district’s school resource officer (SRO) program, the trustees are now receptive to the urgings of the superintendents and campus administrators to – on a limited basis –  bring back the police.

— In Indiana, the board for the South Bend Community Schools is implementing a new student code of conduct based on restorative justice principles.  The new rules, “focus less on punishment and more on correcting behavior through instruction and conversation.”  The teachers union is opposed to the new policy, stating that the rules are “not clear or concise enough for teachers to enforce or parents to understand.”

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Safety Law News for August 17, 2021

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— In West Virginia, the Supreme Court of Appeals of West Virginia, reinstated the lawsuit of a transgender student, who identifies as male, who alleged harassment and bullying by an administrator after entering the boys’ restroom.  The court agreed that the claim for “negligence per se” based upon the school’s violation of its own anti-harassment policy and the claim for “negligent retention” could go forward to compensate the student for emotional and physical injuries as a result of the continued interactions with the administrator in violation of a “stay away” agreement.  C.C. v. Harrison County Board of Education.

— In North Carolina, officials in the Winston-Salem/Forsyth County Schools are implementing new discipline policies for school resource officers on campus based on the NASRO triad.  The goal is for school resource officers to be seen in a different light through building meaningful relationships with students.  The officers will act as educators and counselors by encouraging discussions with students.  They will even participate in campus activities and take law enforcement action only when necessary.

— In Wisconsin, the school board for the Monona Grove School District voted to retain its School Resource Officer (SRO) program.  After a year of debate, the board will seek to revise its agreement with its enforcement agencies.  Even so, the retention of the program reflects the belief that the officers, “currently do have very strong relationships with our kids.”

— In Virginia, the Loudoun County Sheriff’s Office is expanding the role of its school resource officers, tasking them with home visits to follow up on calls involving a mental health crisis, suicide threat or drug overdose.   The “CARE Team” is a pilot program that gives school resource officers time to, “spend an hour, hour and a half at people’s homes just talking to them.”  

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Safety Law News for August 10, 2021

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— In Arizona, the Arizona Supreme Court ruled that school officials were not liable for the death of a student at the hands of her fellow-student boyfriend during an off-campus dispute.  The issue of whether the school owed the victim a duty of care based on their knowledge of the assailant’s history of violence was resolved in favor of the school. The court ruled that the school did not owe the decedent a duty under these circumstances because, “in the school-student relationship, the duty encompasses risks such as those that occur while the student is at school or otherwise under the school’s control.”  Dinsmoor v. City of Phoenix

— In Ohio, school resource officers in the City of Defiance are being equipped with BolaWraps.  The BolaWrap is a new tool that works like a remote lasso to detain people who may be combative or resistive without escalating the incident.  It shoots an eight-foot kevlar rope with bent hooks on the ends. It wraps around someone instantly after it is deployed with a range of 25 feet.

— In Florida, the Florida Board of Education unanimously approved a new rule that will allow parents to apply for vouchers and move their kids to another school if they perceive any type of “COVID-19 harassment” against their child in connection with masking, testing and isolation due to exposure.

— In Wisconsin, the Wisconsin Department of Justice has finished handing out $100 million in grants to bolster school safety.  The grants will allow schools to upgrade school security systems, train police and educators in understanding adolescent mental health, train school resource officers, create a confidential threat reporting tip line and conduct threat assessments.

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Safety Law News for August 6, 2021

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— In Massachusetts, the Appeals Court of Massachusetts held that the statements of a student to a teacher that, “[the teacher] makes me so angry! I want to kill that bitch,” were intended to place the teacher, in fear and therefore, did not constitute protected speech.  The court ruled that it was a close case.  Even so,  state law protects teachers from threats.  Moreover, the student’s words were intended to place the teacher, in fear.  The teacher believed the student intended harm to her, and the student demeanor during a meeting with the assistant principal placed the threat in context. Commonwealth v. Leonardo

— In Ohio, officials at the Columbus City Schools are expressing confidence with the resources for protecting students after the removal of police officers. In lieu of school resource officers, 104 non-sworn school security officers are being deployed in the schools to walk the halls, engage with students, and monitor more than 6,000 cameras to determine when to call police.

— In Virginia, parents in the Arlington County schools are questioning the decision of administrators at a local high school who refused to call police in the wake of a campus fight involving a group of students.  Parents later showed up at the high school, after which police were called.  Arlington County removed its school resource officers over concerns of over-policing of students of color and amid protests of systemic racism.  Now parents who wish to press charges against student assailants are concerned that the school is violating state law that requires schools to immediately report certain criminal offenses to police.

— In North Carolina, educators and policymakers state-wide convened to develop a statewide school safety plan for all grade levels K through 12.  Led by the North Carolina Department of Public Safety, the plan includes hiring more school resource officers and mental health coaches and focusing on early prevention and active shooter training.