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Safety Law News for September 17, 2021

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— In Kansas, the United States District Court ruled that school officials were not immune from a lawsuit brought by a student who was assaulted on campus by a fellow student.  The court viewed the case as one where the “[student’s] actions, and [educators’] awareness of them, are critical.”  Here, the court found that, “[i]t is undisputed that [the student] had a long history of behavioral issues and disciplinary action.”  As such, the court held that under state law, “schools do have a duty to properly supervise students and to take reasonable steps to protect their safety while on school premises…[which] is more demanding than the duties higher education institutions owe to their adult students.”  J.L. v. Royal Valley U.S.D. 337

— In California, school officials in the Pajaro Valley Unified School District are overruling a prior decision to remove school resource officers from their schools.  The school board voted to reinstate the SRO program.  The shift was in direct response to a late-night special meeting with parents after the stabbing death of a student on campus. 

— New York, the Buffalo Public School District is implementing a “High-Risk Youth Team.”  The program is an interagency intervention program for teenagers who are considered at risk of being directly impacted by gun violence in the City of Buffalo.  The Erie County District Attorney,  Buffalo Police Department, the Erie County Restorative Justice agency, and the SNUG Neighborhood Violence Prevention Project will together deliver services based on the individual needs of each participant, which may include restorative justice, mental health services, street outreach, trauma informed care, educational services, mentorship, and job readiness assistance.

— In Colorado, the Denver Public Schools have been granted authority by the City Attorney and City Department of Public Safety to issue disciplinary citations to students for campus misconduct.  Although, the school board has eliminated the school resource officer program, the educators wish to allow its civilian patrol officers to respond  “to significant safety threats.” 

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Safety Law News for September 14, 2021

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— In Maryland, the Court of Special Appeals of Maryland  upheld the search of a student’s backpack, upholding his conviction for conspiracy to commit robbery and for wearing and carrying a handgun.  The search occurred when a school resource officer responded to a fight at the school involving several students.  A backpack strapped to one of the students fell to the ground.  The student ran off.  The officer picked up the bag and noticed that the “bag had a decent amount of weight to it.” The officer opened the bag, discovering a firearm, a cell phone and a school ID.  The court held that the search of the backpack was reasonable because the student abandoned it.  “When a defendant intentionally abandons his right in or to property or a specific area, the constitutional protection against unreasonable searches and seizures does not apply.”  Richardson v. State

— In New Jersey, official in the Morris Plains School District are collaborating with the Morris County Sheriff, the Chatham Borough Police Department, and the Washington Township Police Department to retrain their school resource officers.  The School Resource Officer (SRO) Tactical Emergency Casualty Care Program will emphasize tactics and lifesaving medical interventions that may be required during an active shooter incident or similar acts of violence at a school. 

— In North Carolina, the New Hanover County School Board unanimously approved a new parental notification policy when students are in trouble on campus.  Under the new guidelines, parents must be contacted before police and school administrators interrogate a student on a matter.  The interagency agreement with the police department contains the new language.

— In Indiana, the General Assembly has approved a proposal by the Indiana Secured School Safety Board to provide more than $19 million in state grants for school safety.  The program issues matching grants for school resource officers and law enforcement officers in schools, active event warning systems, firearms training for teachers and staff, threat assessments and other safety technology and support services.

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Safety Law News for September 7, 2021

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— In Pennsylvania, the United States District Court upheld the authority of school officials to discipline a student whose off-campus posts on the Internet threatened to “show up at practice to beat yo ass bitch,” to “grab a fucking bottle and bash that shit on your face till I see your brain bitch,” to “send you bitch ass to the father,” and that were followed by the posting of a photograph of the student with a gun.  The court held that the recent U.S. Supreme Court case of Mahanoy Area School District v. B.L., which protected a student’s off-campus speech from school discipline did not apply because here the speech of the student was “not merely profane, but they were actual threats.”  The court concluded that, “it does not matter whether (severe bullying or harassment) occur on-campus or off-campus. They are simply not protected by the First Amendment and fall squarely within the authority of schools to regulate and to impose appropriate discipline.” A.F. v. Ambridge Area School District

— Nationally, data show that when students and schools need nurses many schools have no nurses at all.  In light of the COVID-19 pandemic, it is recommended that schools have one full-time nurse for every 750 students.   Data show that 39% of schools employ full-time nurses and about 35% employ part-time school nurses, while 25% do not employ school nurses.

— In Kentucky, Bill Request 440 has been introduced in the legislature to make resource officers mandatory for Kentucky schools.  The proposal would amend KRS 158.4414 to require the assignment of school resource officers to schools by August 1, 2022, removing a clause in the law that exempts school districts from having an SRO if they can’t afford it.

— In Iowa, the Des Moines Public Schools are implementing a Restoration Justice School Safety program to replace school resource officers. Restoration Facilitators will work in the schools, helping students solve problems by giving them alternate ways to handle a situation before things get out of hand.  The schools will call Des Moines police for campus misconduct that violates the law and will deploy off-duty police at school-sponsored events.

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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.