Uncategorized

Safety Law News for October 22, 2021

by  • 

— In Louisiana, the Court of Appeal of Louisiana dismissed the liability lawsuit brought by parents of a student who experienced an asthma attack during class.  The student suffered an hypoxic ischemic brain injury resulting in permanent disability.  The court held that while the law imposes a duty on schools of reasonable competent supervision, the duty arises only when the school has actual custody of the students entrusted to its care.  The court ruled that the duty of the school to the student ended when she was placed in care and custody of aunt, who had been authorized by parents to care for her.  Raymond v. Iberia Parish School Board

— In Utah, the Davis School District has agreed to implement new systems for identifying and responding to discrimination complaints after the U.S. Department of Justice found that the school district allowed ‘serious and widespread racial harassment’ to victimize its students.  The federal findings included the fact that the school district failed to address pervasive and racist harassment of students of color, disciplined students of color more harshly than other students for comparable behavior, and denied the request by students of color students’ to form student groups while allowing other students to do so.

— In California, the Desert Hot Springs City Council approved the city’s 2021-22 school resource officer contract, paving the way for the resumption of the School Resource Officer program.  The decision by city officials was informed by a town hall forum with the city’s police department and the Palm Springs Unified School District in which multiple parents said their children were afraid to go to school because of concerns about gangs and bullying.  The school district had previously removed the police from its schools.

— In California, the Pajaro Valley Unified School District are implementing a novel school safety plan that will pair school resource officers (SROs) with mental health clinicians.  The program will begin in the high schools in an effort to coordinate the law enforcement and mental health services more efficiently.

Uncategorized

Safety Law News for October 19, 2021

by  • 

— In Georgia, the United States Court of Appeals affirmed the dismissal of a case involving the use of a “leg sweep takedown” by a school resource officer in order to prevent a student from fleeing after a fight with another student.  The court affirmed the dismissal of the discrimination claim because the officer’s history of service did not establish a pattern of discriminatory enforcement at school.  The court also held that the facts did not support a claim of excessive force.  B.T. by & through Jackson v. Battle

— In Mississippi,  the Pearl River County School District’s Board of Trustees voted to not allow staff and teachers to carry firearms on school property.  In a close vote (3-2) the Board decided that allowing staff and teachers who have an enhanced concealed carry permit to bring firearms on campus would be unwise.  The primary concern before the Board was wait times when police are summoned to its campuses.  Wait times are often as long as 45 minutes.

— In New York, the superintendent for the Rochester City School District is meeting with the police chief to phase-in the return of school resource officers.  The school board voted to remove the officers in 2020.  Even so, the spate of fighting among students is causing the move back to a police presence, with the superintendent declaring that, “we are at a point where we are in great need of their assistance.”

— In Massachusetts, officials in the City of Lawrence are seeking policy solutions to the growing violence on campus.  The officials, including teachers, parents, students, clergy, and elected officials, including the mayor, are expressing outrage about how the Lawrence Alliance for Education, a nonprofit given receivership control over the school district by the State of Massachusetts, is managing the school district.

Uncategorized

Safety Law News for October 15, 2021

by  • 

— In South Carolina, the United States District Court ruled that the “Disturbing Schools” statute was unconstitutionally vague as applied to elementary and secondary school students in the state.  The provisions of the law criminalized, in part, a person who gathers on campus, “in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner.” Section 16-17-530.  The court held that many of the behaviors criminalized by the law are behavioral issues under school codes of conduct rather than criminal acts.  Therefore, the law was unconstitutional because of the absence of objective criteria resulted in discriminatory enforcement in the schools.  Kenny v. Wilson

— In Virginia,  the Alexandria City Council reinstated the school resource officer program, granting the demands of teachers, administrators, and parents to quell campus violence.  One school administrator told the City Council, “(o)ur students are sending us warning shots, literally warning shots… My staff, my students. We’re not okay.”

— In North Carolina, officials in Onslow County are considering installing metal detectors at all school entrances after two school shootings in the state this school year.

— In Wisconsin, educators in Madison have created the Office of School Safety to coordinate a critical response team of school psychologists, social workers, teachers and administrators.  The school resource officer program was eliminated in 2020.  The new program is combining student safety and emotional health.

Uncategorized

Safety Law News for October 12, 2021

by  • 

— In California, the United States District Court refused to dismiss a lawsuit brought by parents of a student whose suicide attempt was in response to school bullying.  The court ruled that the bullying incidents involved “a duty to (the student)…and a reasonable jury could conceivably find (the student) was severely bullied for an extended period of time at her school, with the full knowledge of administrators who had the power to discipline (the) bully, offer mental health support to (the student), and change the two students’ class schedules so no longer had class together—and instead these administrators chose to do nothing.” Jane Roe v. Rialto Unified School District et al; No. EDCV19863JGBSPX, 2021 WL 4571994 (C.D. Cal. Aug. 12, 2021)

— Nationally, according to data reported by Everytown for Gun Safety, the school year 2021 has been one of the deadliest for students across the nation as counts of gun violence in schools exceeds figures from prior years.  From Aug. 1 to Sept. 15, there have been 30 instances of gunfire on school grounds, killing five and wounding 23.

— In Virginia,  parents, city council members, and the school superintendent of the Alexandria City schools are pushing to restore the school resource officer program.  The city council ended the school resource officer program in 2020, reallocating the funds to student mental health programs.   So far this school year, there have been numerous fights, two gun incidents, including a student arrested with a gun at a high school.

— In Tennessee, school officials in Memphis are planning to replace their school resource officer agreement with the Memphis Police with the creation of a district-based law enforcement team of school resource officers. 

Uncategorized

Safety Law News for October 6, 2021

by  • 

— In California, the United States District Court upheld the detention and seizure of a teacher after the teacher admitted he had the gun in his classroom.  The court stated that the California Gun-Free School Zone Act makes it a crime to carry a firearm in a school zone.  The exemption for possession of a gun by  a “peace officer,” does not include reservists.  Therefore, despite the fact that the teacher worked part-time as a reserve police officer in a nearby city, the detention and seizure were justified.  Joseph Nguyen v. County. of San Bernardino.

— In Virginia,  the Richmond Public School Board voted to keep its school resource officer program.   The Board will revise its policies to provide additional training on when officers should get involved in school discipline incidents and when an arrest is appropriate.  The Board also voted to change the appearance of the officers by modifying the police uniform.

— In Iowa, the Cedar Rapids schools have modified their school resource officer program.  Pertinent portions of the revised program include: (1) the removal of officers in elementary and middle schools.  These officers will be an “on-call” resource and will be used to provide instruction on “run, hide and fight” — training in the event of an active shooter on campus — and lessons on civic engagement, according to the amended agreement; (2) the daily presence of police at the high schools and the alternative school; (3) a change of attire to “soft” uniforms to appear more approachable; (4) new constraints on interrogating students except when parents or guardians are present.

— In Minnesota, the Saint Paul School Board, which previously voted to end its contract with the police to provide safety on its campuses, are now working to bring back the officers for school sponsored football and basketball games.

Uncategorized

Safety Law News for October 1, 2021

by  • 

— In Oregon, the United States District Court, ruled that the use of a taser by school resource officers was an excessive use of force.  The student, enrolled in a college preparatory charter school, was discovered in a vacant building near campus, by an SRO.  The officer called for backup to investigate after smelling a “very strong odor of marijuana.”  During the subsequent search and seizure, the second officer utilized three times a taser set on “drive-stun” mode for 5 seconds when the student failed to comply with instruction and started to walk away.  Applying the three-factor test of Graham v. Connor,( 490 U.S. 386 (1989)), the court ruled that the officers were not entitled to summary judgment or qualified immunity because (1) the use of a taser, even in drive-stun mode, is far from a trivial application of force; (2) the crimes at issue were not severe; (3) the student did not pose an immediate threat to the officers.

Michael Francisco  v. City of Redmond

— In Virginia, school resource officers in Prince William County will soon operate under a new set of rules regarding when students are subject to arrest for misbehaving in school.  The Prince William County Police Department and school division officials are in the process of revising the memorandum of understanding that dictates police officers’ role in school discipline matters.

The aim of the revisions is to ensure school resource officers do not arrest students for “minor offenses,” such as thefts, disorderly conduct and fighting.

— In Tennessee, parents in the Shelby County Schools district are pushing for more resource officers inside the schools after a shooting in a K-8 school.  Under current policy, there is one officer for each high school and middle school.  The elementary schools share one officer.
— In California, officials in Cathedral City voted to bring back school resource officers to high schools campuses.  The police were removed based on ambiguity about the role of police officers in maintaining discipline in the schools.