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Safety Law News For February 23, 2022

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— In New York, the New York Supreme Court, Appellate Division, affirmed a lawsuit brought by a student who alleged that the school failed to notify law enforcement and other appropriate local agencies of sexual abuse by a teacher.   The court ruled that the lower court properly refused to dismiss the case because, “a school, in assuming physical custody and control over its students, effectively takes the place of parents and guardians,” and “owes a common-law duty to adequately supervise its students.”  Further, the court noted that, “discovery is necessary for a full disclosure,” of the actions of school officials who acknowledged the student’s complaints against the teacher, investigated the claims, and still failed to report as required by law.  Visiko v. Fleming

— In Virginia, HB873H1 has been passed in the Virginia House of Delegates that would require every public school to have a school resource officer.  The proposal provides that local school boards would be prevented from, “granting any school board a waiver from such requirement but permits the Board of Education to grant a partial waiver to allow the sharing of a single school resource officer or school security officer by two different public schools that (a) are adjoining or are within close proximity to each other and (b) share facilities such as parking.”  The mandate is unfunded by the state, requiring each jurisdiction to cover the costs of deploying the police officers.

— In Nebraska, anonymous reports are on the rise with new Nebraska school safety hotline, Safe2Help Nebraska.  The system allows students, staff and community members a way to anonymously report concerning behavior.  Trained counselors receive the tip reports and gather as much information as they can.  Reports about suicide are the most common, followed by bullying and drugs.

In Virginia, both houses of the legislature have approved HB4.  The Governor has agreed to sign it, requiring schools to report misdemeanors that occur on school grounds.  The law will remove the discretion schools had to report students to law enforcement for misdemeanor-level offenses.  The provisions of the law will also require that parents receive notice when their children are victimized by unlawful behavior on campus.

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Safety Law News for February 16, 2022

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In Georgia, the United States District Court, ruled that in the school setting, “bystander liability” for Fourth Amendment violations may be applied to school officials who witness an unreasonably long detention in a school setting.  A high school administrator was present during an incident in which a student was removed from class by police officers, taken to an administrative office, and handcuffed to a file cabinet and chair for approximately seven hours.  A constitutional liability lawsuit based on 42 U.S.C. § 1984 was appropriate because, the administrator “had the power to prevent the prolonged detention.” Smith v. City of Atlanta

— In Indiana, House Bill 1093 has been introduced to require all police who regularly work inside public schools to receive training on adolescent brain development, how to interact with students with disabilities and understanding racial biases. Under current state law, many police officers are not receiving training because of the narrow definition of school police.  The proposed law defines “school resource officer” to include, “any law enforcement officer who is assigned to one or more school corporations or charter schools during school day hours.”

— In Wisconsin, House Bill 969 has been introduced to require school districts statewide to hire a school resource officer if the district reports 100 or more violent incidents and at least 25 arrests in one semester.  Funding for the police would come, in part, from the American Rescue Plan Act COVID-19 relief funds.

— In Ohio, teachers and support staff for the Columbus City Schools are urging the school board to make schools safer.  Representatives for the teachers’ union say, “our teachers are afraid of coming into some buildings. We have people who are resigning because of unsafe conditions.”  Columbus City Schools, the largest school district in the state of Ohio, has no school resource officers.

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Safety Law News for February 9, 2022

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–  In Pennsylvania, the Commonwealth Court of Pennsylvania held that a School District’s decision to expel a student for posting violent song lyrics on Snapchat violated his constitutionally protected right to free speech.  The School District expelled in the belief that the student’s post “constituted harassment, was a terroristic threat, and had disrupted the school environment.”  The court ruled that in the wake of the U.S. Supreme Court case of Mahanoy Area School District v. B.L. by & through Levy, the speech of the student was immune to school discipline.  First, the student’s post, “did not explicitly target specific (school) students, let alone the broader School District community.”  Second, the student, “posted at a time when he was neither at (school ) nor engaged in school-related activities.”  Third, “mere undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.”  Appeal of G.S. by & through Snyder

— In Kentucky, House Bill 63, is receiving bi-partisan support to improve safety in schools.  The legislation would require schools to have school resource officers inside schools. School districts would be required to report to Kentucky’s school security marshal if they cannot have officers on every campus and develop plans to address such shortages.

— In Connecticut, the Superintendent of the Norwich Public Schools is implementing an administrative take-over of a middle school in the wake of “persistent student behavioral issues.”  Effective immediately, the school disciplinary rules include a reinstatement of after-school detentions and in-school and out-of-school suspensions.  

— In Florida, two proposals to limit the use of restraints on students are being introduced in the legislature.  HB 235 and SB 390 prohibit school personnel from using a “mechanical restraint” on students, except if they are school resource officers, school safety officers, school guardians or security guards.

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Safety Law News for February 4, 2022

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—  In Indiana, the Court of Appeals of Indiana reversed a lower court’s dismissal of a lawsuit brought by parents of a elementary school child who was mistakenly told to walk home from school rather than ride the school bus pursuant to the school policy.  A teacher removed the student from the bus boarding line and informed him that he was designated as a walker and that he should not ride the bus home.  The court ruled that summary judgment is improper because the injuries to the student arose from the school’s failure to properly enforce a school policy.  The court stated that the school had a, “duty to exercise reasonable care and supervision for the safety of the children under its control.”  The school could not, “claim immunity when sued regarding its own compliance, or failure to comply, with laws and regulations or a school policy.”  Hopkins v. Indianapolis Public Schools

— In New York, New York City parents are sounding the alarm over school safety issues. Students are being assaulted in school and school safety agents have seized 13 firearms.  Campus administrators and parents are requesting more school resource officers.

— In California, Senate Bill 906 has been introduced to promote safer campuses.  Its provisions would require parents to disclose if guns are kept at their homes and would require searches of a student’s personal property on campus if there is a credible threat.

— In Florida, House Bill 1421 has been introduced in an effort to update the Marjory Stoneman Douglas High School Public Safety Act.  Under its provisions, schools will be required, among other duties, to adopt a plan that guides family reunification when K-12 public schools are closed or unexpectedly evacuated due to school shootings.

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Safety Law News for January 28, 2022

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–  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.

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Safety Law News for January 24, 2022

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— 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.