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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.

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Safety Law News for August 3, 2021

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— In Indiana, the United States District Court held that the strip search of a student by an administrator and nurse, prompted by a tip from two students, was unreasonable at its inception and in its scope.  In refusing to dismiss the case, the court ruled that the school officials neither investigated nor made an effort  to corroborate the tipsters’ account that the student possessed a bag of marijuana in her bra.  In 2009, the U.S. Supreme Court ruled that the Fourth Amendment “requires the support of reasonable suspicion of danger or of resort to underwear for hiding evidence of wrongdoing,” prior to a student strip search.  Here, “the school officials went from tip to strip search lickety-split.”  R.D. v. Concord Community Schools

— In North Carolina, the Chapel Hill-Carrboro City Schools Board of Education voted to bring back School Resource Officers in its secondary schools.  The new agreement will change the role of the officers to make the program more inclusive and student-focused.  To do so, revisions will focus training on mental health and special needs students.

— In Tennessee, the Tennessee Bureau of Investigation published its annual statewide school crime study.  The study presents information on the characteristics of crime in Tennessee schools, K-12. The overall number of reported offenses decreased 59% over a three-year period.  Student arrests decreased from 4100 arrests in 2018, 4400 arrests and 2019, to a low of 1800 arrests in 2020.  Drug and narcotics violations decreased 54%. Weapons possession violations decreased 51%.  The reported offender’s race was nearly equal between White students and African American students.

— In Missouri, school officials along with other public and private stakeholder agencies in Southwest Missouri are discussing solutions to youth suicide.  The group identified six areas of concern: teen use of tobacco or vaping, bullying, marijuana use, underage drinking, mental health issues and suicidal ideations, and other drug abuse, such as prescription medications and opioids.

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Safety Law News for July 30, 2021

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— In Ohio, the United States Court of Appeals ruled that city officials did not violate federal law when their negligence allowed a police officer impersonator to assault and falsely imprison students.  The court held that claims based on the Due Process Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act were not designed to address the negligence.  The court concluded that the SRO program, fraught with poor implementation, should be the subject of state-based claims. M.J. by & through S.J. v. Akron City School District Board of Education

— In Illinois, the school resource officer program has been temporarily suspended due to staffing shortages at the police department.  The press release by school officials and the police department says the officers previously deployed to the schools will be reassigned.  Educators say, “a resource officer is necessary in a school. They’re very helpful… resource officers were a good source of someone trusted [students] could go to and talk to if there was a problem.”

— In Virginia, the superintendent of the Alexandria City Public Schools has notified the school board that time is running out on providing a “contingency plan with regards to safety and security mitigations for our students and staff.”  The Alexandria City Council voted to redirect nearly $800,000 in SRO funding toward student mental health resources.  The superintendent proposes that the school district hire private security officers and retain through a new agreement police officers to work the perimeter of schools during the school day.

— In Arkansas, Conway School District officials are revising their school resource officer program.  Instead of using a dedicated school resource officer at each campus, the new model will use multiple officers to cover all the schools. The officers will visit the schools as part of their regular, daily patrols.

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Safety Law News for July 28, 2021

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— In Virginia, United States Court of Appeals, reversed a judgment against a student who was sexually assaulted by another student and remanded the case for a new trial.  The Title IX case alleged that the school acted with deliberate indifference to the situation.  The jury found that the school had no notice.  On appeal, the court ruled that the findings of the jury ignored the evidence, e.g., written statements by the victim and the victim’s mother, as well reports from other students. Doe v. Fairfax County School Board

— In Florida, students and parents in Osceola County are adjusting to the removal of police officers from their schools.  Private security company employees are being trained to perform the role that state law requires to make them “school guardians.”  The officers undergo 104 hours of firearms training and 16 hours of human diversity instruction.  Some parents believe “[i]t’s better to have an officer,” because the guardian training is deficient in “how to relate to students, to detect signs of mental and behavioral stress, and to de-escalate student conflicts.”

— The results of a study conducted by scholars from Boston University, the University of Colorado Boulder and Harvard University found a causal link exists between students who experience strict school discipline and being arrested or incarcerated as an adult.  Their data identifies school administrators, who control the suspension and expulsion of students, as the “major driver” in the frequency and severity of school discipline.

— In Illinois, officials in the City of Elgin are implementing a program designed to keep local youth from getting involved with gangs and violence.  In a collaboration of schools, police, community organizations, faith groups and volunteer mentors, the program will train young people in the habits of making positive choices.

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Safety Law News for July 23, 2021

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— In New York, the Supreme Court, Appellate Division reversed a lower court and dismissed a lawsuit brought by parents whose daughter was sexually assaulted by another student while they were alone in a classroom.  The court agreed that schools “will be held liable for foreseeable injuries proximately related to the absence of adequate supervision,” but ruled that there was no evidence of any prior misconduct similar to the assault that would put educators on notice.  The assailant’s disciplinary history consisted of attendance issues, academic problems, insubordination, verbal outbursts, drug and alcohol possession and use, and sale of drugs.  Knaszak v. Hamburg Central School District

— In California, the school board for the Folsom Cordova Unified School District unanimously renewed the school resource officer program for their 33 schools.  A prior vote of the board to eliminate the contract with the police, was reversed after revisions were made to the agreement to address transparency and accountability issues.

— In North Carolina, the Wake County Public Schools will sue Juul Labs, alleging harmful health effects of the company’s vaping products on students.  The decision comes just after the announcement of the $40 million settlement between the Juul Labs and the State of North Carolina in July 2021.

— Nationally, a survey from Safe and Sound Schools reports a gap between parents and administrators in perceptions of school safety. The results of the survey, which was conducted among district administrators, public safety staff, students, teachers, and parents, suggest that administrators are significantly more confident than parents in schools’ safety policies and procedures. 

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Safety Law News for July 19, 2021

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— In Pennsylvania, the Superior Court of Pennsylvania affirmed the adjudication of delinquency of a student for terroristic threats for a state law that forbids communicating, “either directly or indirectly, a threat to…(1) commit any crime of violence with intent to terrorize another….[or] otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.” 18 Pa.C.S. §§ 2706(a)(1) – (a)(3).  The student post in the Internet said, “I don’t really have any friends and if I would to perhaps shoot the fucking school up right now I would be looked at as crazy, right?”  The court ruled that, although the student claimed he was just expressing frustration, he “acted with at least reckless disregard in causing terror or serious public inconvenience to his fellow classmates and/or the administrative and security staff of the school.” Int. of K.M.M.B.

— In Colorado, the Poudre School District Board of Education voted to continue the funding for its school resource officer program.  The board is revising the school safety policies to more clearly define the role of the officers.

— In Rhode Island, the legislature has enacted House Bill 5555, the Harold M. Metts School Safety Act of 2021, which prohibits people from bringing guns onto school property. The only exceptions are for school security personnel, peace officers and retired law enforcement members. Hawaii, Kansas, New Hampshire, Oregon, Utah and Wyoming still allow concealed-carry exceptions in schools.

— In Maryland, The Howard County Board of Education has approved the School Resource Officer contract for the upcoming school year.  The agreement requires training for SROs in Restorative Justice Practices, Culturally Responsive Practices, Racial Equity, Disability Awareness, De-escalation Practices, and other training specifically aimed at addressing racial, ethnic, and class disparities in how students are treated.