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Safety Law News for September 3, 2021

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— In California, the California Court of Appeal, upheld the decision by the juvenile court to sustain a wardship petition against a high school student for making a criminal threat on campus in violation of state law.  The statements included, “[i]f I was going to shoot up the school, [you] would be first,” and “[I’m] going to bring a Glock 9 to school … and shoot [you] in the head.”  The court agreed that the student, “made a clear, unambiguous, and unequivocal death threat that plainly induced sustained fear in the victim…with the specific intent that it be taken as a threat.”  The court concluded that it was “irrelevant” that the student later apologized for his statements.  IN RE M.B., a Person Coming Under the Juvenile Court

— In Kentucky, school officials in the Jefferson County Public Schools are reconsidering the removal of school resource officers after handing out 582 behavior referrals to students who fought with fellow students and staff in the first two weeks of the 2021-22 school year.

— In Minnesota, the Minnesota Department of Public Safety Bureau of Criminal Apprehension is making available a cell phone application called “See It, Say It, Send It.”  Students, parents and school personnel can use the app to provide tips about planned or threatened violence at a school.  The tips can be anonymous.

— In California, each school in the Santa Cruz County Public School District has posted for the community on the Internet the school safety plans, highlighting crisis management, and current practices for student safety, mental health and well-being.

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Safety Law News For September 1, 2021

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— In Maryland, the United States District Court, refused to dismiss a lawsuit brought by parents of a student who was killed by a fellow student on campus.  The shooting followed a series of incidents of harassment to which the school had notice.  The court ruled that federal law, e.g. Title IX is a proper basis for liability when a school fails to follow its own policies and procedures to ensure the safety and wellbeing of its students.  The court also ruled that under Maryland law, a school is under a special duty to exercise reasonable care to protect a pupil from harm.”  Willey v. Board of Education of St. Mary’s County

— In Maryland,  police officers will  no longer be deployed to the campuses of the Montgomery County Schools.  Specialized officers, e.g., “community engagement officers,” will respond to schools on an as-needed basis or calls for services.

— In California, officials in the Central Unified School District want to reverse a decision by local elected officials to end the school resource officer program.  The educators recently cancelled football games and dismissed students from its high school after campus violence and a tip on social media of further incidents.  The local police had already made adjustments by reducing their pool of available officers, such that, “the earliest prospects of SRO services on its three middle school campuses wouldn’t arrive until 2022, following recruitment and training.”

— In North Carolina, officials in the Charlotte-Mecklenburg Schools have notified students and parents of the resumption of daily, mass, suspicionless searches after a spat incidents involving a and firearms on its campuses. Schools, buildings, and classrooms will be randomly selected for the screenings using “no-touch metal detectors.”

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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.”