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Safety Law News for October 20, 2020

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— In Idaho, teachers in the West Ada School District canceled classes for all students after over 650 teachers planned a sick-out and the district could not find enough substitute teachers to cover.  Teachers’ concerns focused on the safety protocols for the COVID-19 virus, including the inability to achieve proper physical distancing, large class sizes, and inadequate facilities.  School districts with similar concerns include Baltimore, Maryland, Fulton County, Georgia, Houston, Texas, and Boston, Massachusetts.

— In Minnesota, the Minneapolis Public School District continues its efforts to revise its school safety program after abruptly canceling a contract with the city’s police department to provide officers in schools. School officials are looking to hire “public safety support specialists”  instead of sworn officers.  So far more than half of the 13 specialists hired have law enforcement backgrounds.

— In Florida,  the Florida Court of Appeal has cancelled the temporary injunction of a lower court that would prevent in-person classes in state schools.  The court held that the Florida Education Association did not have proper standing to request the injunction.  The court also ruled that even with standing, the lower court exceeded the constitutional limits of its authority in its order.  RON DESANTIS v. FLORIDA EDUCATION ASSOCIATION

— In California, the Yolo County Grand Jury released its findings after an investigation of school safety in the school districts in Yolo County.  The Grand Jury found that all school districts in Yolo County are currently in compliance with the formal school safety plan.  Elements of the plan include increased visitor signage, check-in procedures and collaboration with first responders to secure each school more efficiently in a crisis.

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Safety Law News for October 16, 2020

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— In Washington D.C., the Department of Justice announced it has awarded more than $87 million to bolster school security, support first responders who arrive on the scene of a school incident, and conduct research on school safety.  The STOP School Violence Act (H.R.4909),  authorized the Justice Department to create a series of grant award programs under a School Violence Prevention Program. 

— In Ohio, the Ohio Department of Public Safety has a hotline for student safety threats which can be used even as many students studying remotely.  The Safer Ohio School Tip Line is offered by the Ohio School Safety Center.  It is monitored on a 24-hour basis and allows students and adults to anonymously share information about threats to student safety.

— In South Carolina, the South Carolina Education Superintendent announced that $33 million in personal protective equipment is being distributed to all public school districts.  The supplies include masks, gloves, wipes, hand sanitizer, face shields, cleaning solution, plexiglass and other cleaning equipment and supplies.

— In Pennsylvania,  the New Kensington Arnold Education Association, the union representing teachers is blowing the whistle on school district COVID-19 policies after a teacher reported that safety protocols were not being observed.  Among the complaints is a statement by the Acting Superintendent that “health takes a close second” to education. 

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Safety Law News for October 13th, 2020

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— In West Virginia, the Brooke County Board of Education is going its own way with school safety.  It is moving forward with hiring school resource officers, without an agreement with the Brooke County Commission.  The SROs would be considered school employees, many of whom may be retired officers.

— In Kentucky, the Daviess County Public Schools have launched its own police department.  With the formal approval of the Kentucky Law Enforcement Council, officers of the new Daviess County Public Schools Police Department began work at the district’s two high schools.

— In Ohio, the Fraternal Order of Police of Ohio said in its brief to the Ohio Supreme Court that allowing teachers to bring guns to school under only a concealed carry permit could do more harm than good.  The police organization said they were not taking a stand on whether teachers should be armed, but rather that more training and rules should be required.  State law allows schools to elect to arm teachers, provided that they have adequate training. Brief to the Ohio Supreme Court

— In Iowa, the Warren County Emergency Management, Warren County Health Services, and local school districts have all worked together to make schools as safe as possible, creating a “Return to Learn” plan for each district. One of the ways they are working towards keeping things as normal as possible is working in groups.  Podcast here.

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Safety Law News for October 9th, 2020

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— In Illinois, an arbitrator ruled that teachers and staff for the Chicago Public Schools could work from home during the COVID-19 pandemic.  The arbitrator ruled that requiring school clerks and other employees report to campuses would increase the risk of contracting COVID-19, and that the increased risk of infection violated the school district’s contract to provide “safe and healthful” working conditions.  Arbitrator’s Ruling Here

— In Texas, the Corpus Christi American Federation of Teachers Union is protesting on behalf of teachers and staff against unsafe COVID-19 safety practices in area schools.  The union is challenging the unfair treatment towards teachers during the pandemic and the arbitrary shifts in social distancing standards.  The school district has revised and reduced social distancing standards to four feet, which is below the six foot mandate issued by the Centers of Disease Control.

— In Arizona, teachers throughout the state are resigning or retiring over the coronavirus COVID-19 concerns.  The educators do not believe that the safety protocols in place in the schools are enough to provide a safe learning environment.  Since the start of the school year, more than 750 teachers have departed. Forty-percent of those teachers surveyed say COVID-19 is the reason they chose to resign or retire. 

— In Wisconsin, the City of Milwaukee Health Department has approved the COVID-19 plans of 48 schools that intend to reopen to students.  Schools with approved safety plans will be allowed to engage in in-person instruction as long as the plan is followed.  The Safety Assessment Checklist available online here.

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Safety Law News for October 7th, 2020

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— In Illinois, a survey from the community of parents, students, and school staff at the Waukegan Community Unit School District notes that a majority of students, parents, and staff prefer to keep the school resource officer program.  Among students, 50.8 percent want the officers to remain, 17.5 percent want them removed, and 31.7 percent were undecided.  72.5 percent of the parents and 67.5 percent of the staff want the officers to remain on campus.

— In Virginia, the United States District Court held that parents successfully pled a
Due Process “danger creation” claim against school officials whose inaction led to the assault of their child.  The injuries were inflicted by student athletes who were unsupervised in the football team locker room.  The court held that educators violated the student’s Substantive Due Process right to bodily integrity and “increased the risk of private danger” by failing to have supervision in the locker room after assuring parents that supervision would occur following a similar incident.  DJ v. School Board of Henrico County

— In Nebraska, the City of Lincoln and the Lincoln Public Schools have renewed their school resource officer program.  The program provides for 12 school resource officers and a threat assessment officer as part of a “Safe and Successful Kids” interlocal agreement.  The provisions of the agreement include revisions and constraints on the role of the officers in response to parental concerns.

— In North Carolina, the Winston-Salem/Forsyth County Board of Education approved the continuation of the school resource officers program for its middle and high schools.  The program employs 26 officers.  The school board intends to revise the role of the officers from one of policing students to providing safe and secure campuses.

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Safety Law News for October 2nd, 2020

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In Ohio, the United States District Court upheld the policy of a school district to interrupt speakers at school board meetings that were “personally directed,” “antagonistic” or “abusive.”  The court ruled that school board meetings were a limited public forum for discussion of subjects relating to the operation of the schools.  The school policy was reasonable in light of the purpose served by school board meetings.  [Billy Ison v. Madison Local School Board]

— In Missouri, the Willard R-II School District is taking steps to create its own police department.  School officials believe that replacing officers from the Springfield Police Department will also allow their internal officers to be specifically trained on school policy and understand student life a little better.

— In Indiana, the Muncie Community Schools have been awarded $600,000 in state and federal grants to upgrade security.  The grant will fund the a campus video surveillance system of 482 new cameras to be installed throughout school facilities.

— In Nebraska, school resource officers for the Omaha Public Schools are learning “How To Speak Gen Z,” as a critical part of their de-escalation training.  The goal is to improve communication with students as a means to avoid conflict and use of force in schools.