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Safety Law News for December 18, 2023

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— In Tennessee, the United States Court of Appeals affirmed the liability of  a school district under Title IX for its deliberate indifference to threats made against a student and her family after she reported student-on-student threats and harassment.  The case arose when a fellow-student coerced the victim into a classroom where a sexual assault took place.  Another fellow-student recorded the incident and placed it upon social media.  School officials initially worked with the parent of the victim and the police department. However, later telling the student that in the face of continued harassment from other students and the continued circulation of video on social media, that the parent should “take it up with the detective.”  Both the trial court and the appellate court found that “under Title IX, schools can face liability for “deliberate indifference to known acts of student-on-student sexual harassment where the harasser is under the school’s disciplinary authority.”  Under this standard “indifference claims have two facets: “before” claims, regarding the school’s conduct before the student victims were harassed, and “after” claims, concerning the school’s conduct after the student victims were harassed.”  The appellate court held that when a student shows: (1) that the school maintained a policy of deliberate indifference to reports of sexual misconduct,”(2) and that indifference creates a heightened risk of sexual harassment that was known or obvious, (3) and the risk of harassment is subject to the school’s control, and (4) as a result, the she suffers harassment that is so severe, pervasive, and objectively offensive that it can be said to have deprived the plaintiff of access to the educational opportunities or benefits provided by the school, then the school is liable under Title IX.  S.C. v. Metro. Gov’t of Nashville.

— In Tennessee, special emphasis is being placed upon crisis intervention training with school employees. “Crisis intervention training focuses on showing first responders how to de-escalate situations and how to identify substance use disorders or other kinds of behavioral challenges. The goal of the training is to improve the outcome of a mental crisis.”

— In California, the Santa Rosa City School Board is implementing a pilot program to bring school resource officers back to its campuses. “Several students told board members they surveyed their classmates and found that 90% of the more than 570 students surveyed want to bring police back to campus, permanently.”

— In Alabama, police officers deployed in the Calera schools in Shelby County are teaching vape cessation classes for students with addictions.  The voluntary “eight-week course is called the ‘Not on Tobacco Program’, and covers everything from the dangers of vaping to the harmful effects and how to quit.”

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Safety Law News for December 15, 2023

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— In Alabama, the Supreme Court of Alabama denied immunity to a teacher who was accused by a student of assault and battery.  In refusing to dismiss the student’s liability lawsuit, the court held that the teacher, “used a form of corporal punishment when she held (a student’s) arms behind his back, told (another student) to hit (him) …in the face.”  The court ruled that the Alabama immunity law provides that:

“So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability.”

Previous court decisions gave a broad scope to this law, holding that punishments of students other than paddling as “corporal punishment,” e.g., hitting a student on the back with her hand, a coach’s hitting his players with his fists, and using corporal punishment on a student for making a bad grade.  All were considered violations of Alabama corporal punishment law.  The court also denied “schoolmaster’s immunity” because “although (a) schoolmaster is regarded as standing in loco parentis and has the authority to administer moderate correction to pupils under his care…(a teacher is) guilty of an assault and battery, (when they) inflict on the child immoderate chastisement…with legal malice or wicked motives.”  Finally, the court held that the teacher was not entitled to State-agent immunity because she “acted beyond her authority.” Ex Parte Smith (In Re: Latisha Bolden, as mother and next friend of T.B., a minor v. Arnetta Moore et al.)

— In Pennsylvania, the state Senate approved a bill requiring public school districts to have at least one full-time armed security officer on duty during school hours to enhance protection of students and staff. The proposed policy “would apply to intermediate units, career and technical schools, charter schools and private residential rehabilitation institutions as well.” It would “leave it up to the school’s discretion whether an officer would be at extra-curricular activities.” It also allows school entities to apply to the Pennsylvania Commission on Crime and Delinquency for a waiver from the mandate if they are unable to fill the position after making a good faith effort.

— In Missouri, schoolteachers and administrators would be allowed to carry concealed firearms or self-defense spray devices under proposed legislation. They would be called “school protection officers.” Some local superintendents have expressed concerns about the bill: “Teachers and school leaders already have a huge responsibility to educate students…It is more appropriate for law enforcement and school resource officers to handle security matters.”

— In Colorado, the Denver School Board, comprised of new members in-part, are implementing policies to improve school safety by enhancing coordination between deans, administrators and police.  Under the policy, “school leaders, such as principals and deans, (will) undergo the same 40-hour training SROs receive.”  The Superintendent will have “the authority to remove an SRO for not adhering to district policy and the discipline matrix.”

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Safety Law News for December 13, 2023

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— In California, the California Court of Appeal reversed the lower court in an important case involving the sexual abuse of a student by school employees.  The lower court dismissed the case, ruling that the school district was not liable because the incidents were unforeseeable.  The rule applied by the lower court was that, “foreseeability require(s) as matter of law that school supervisory or administrative personnel knew or should have known (of) the deviant propensities of the employee that commits the abuse and nevertheless hired, retained, or inadequately supervised him or her.”  In reversing, the appellate court ruled that “(g)iven the special relationship between public schools and their students, LAUSD supervisors and administrators have a duty of care to use reasonable measures to protect students from foreseeable injury at the hands of others.”  Therefore, a more rigorous test applied.  Under the more rigorous test, “foreseeability (does) not require such actual or imputed knowledge about the specific employee, and instead address(es) the foreseeability of risk to students in general from sexual abuse by persons at the school.”  The evidence showed that educators, “fail(ed) to take reasonable measures that would have precluded (their employee) from abusing (students), (e.g.,) employees were not asked for references before being hired… LAUSD personnel avoided taking steps to observe (the employee’s) classroom and become aware what was going on there.”  Therefore, reversal was necessary.  “A special relationship is formed between a school district and its students resulting in the imposition of an affirmative duty on the school district to take all reasonable steps to protect its students.”  R.D. v. Los Angeles Unified School District

— In Wisconsin, police officers are slated to return to Milwaukee Public Schools in January 2024. The Wisconsin legislature enacted a comprehensive set of polices in 2023 WISCONSIN ACT 12 that require the Milwaukee school district to deploy police officers on campus.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In South Carolina, the legislature enacted House Bill 3360, establishing a school safety center to better train law enforcement and educators on preventing and responding to safety threats. “The Center for School Safety and Targeted Violence will … provide a training location for law enforcement officers in the form of a real school setting.”  Officials announced that, “training will include active shooter exercises as well as behavioral threat assessments with two full-time Behavioral Science Unit agents who will work at the facility.”

— In California, officials in the Sonoma County Office of Education are considering policies to address a spate of violence in schools in the Santa Rosa City Schools district.  Three middle school students were arrested after a fight involving a knife. Earlier, a high school student was killed in a classroom fight involving a knife.  Parents and teachers spoke out, “urging the district to bring school resource officers back to local campuses.”

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Safety Law News for December 11, 2023

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— In Illinois, the Appellate Court of Illinois affirmed the ruling of the lower court denying the attempt of a person to obtain his release from detention because of his speech on a high school campus.  The person, “went to Glenbard North High School to find out why he could not enroll in classes. After a meeting with the school resource officer and the dean of students, (he) was upset and left the school. While in the school parking lot, (he) stated to a parent of another student, “hey man, if you hear that someone shot at principal at the head, don’t look at me.”   The person was charged under state law “for transmitting a threat to a school building or persons, which is a detainable offense.”  The appellate court agreed with the weighing of factors by the lower court:

“The court noted that it considered all the evidence before it. It stated that defendant’s conduct in threatening the principal was particularly “worrisome” and noted the seriousness of school shootings. It further discussed defendant’s previous battery arrest, stating that it considered it indicative of violent behavior even if the charge was ultimately dismissed. The court also noted that a previous report stated that defendant had bipolar disorder but was not taking his medication. The court took issue with defendant’s failure to comply with this directive. In light of these factors, we cannot say that the court’s decision was arbitrary, fanciful, or unreasonable.”  People v. Kurzeja

— In California, the Santa Rosa City Schools District moved to place a police officer at each of its high schools for the next two weeks due to an increase in violent fights on campuses.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In Texas, school superintendents across the state say lack of school safety funding may lead to budget cuts.  Their disappointment lies in the decision of the Texas legislature to end a “special legislative session … without any increased funding for school safety.”   The superintendents are concerned that their schools will not “have enough money to meet new safety mandates.”

— In Arizona, “(t)he Arizona Department of Education’s School Safety Task Force is now recommending that legislators remove barriers in state law to allow retired law enforcement officers to work as School Resource Officers as a way to bolster campus safety. The group met …to create a list of recommendations for the legislature in their upcoming session.”

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Safety Law News for November 30, 2023

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— In New Hampshire, the United States Court of Appeals affirmed the dismissal of a student-on-student harassment case, ruling that “measures in response to high school student’s report of student−on−student sexual harassment did not evince deliberate indifference.”  The case arose when school officials, alerted by a school bus driver and video evidence, concluded that another student had “violated the school’s sexual harassment policy by committing unwanted physical contact.”  The school “issued…a formal no−contact order … (and) suspended (the harasser) from riding the bus for ten days and was assigned a seat at the front of the bus upon his return.” After another incident, after which the harasser was suspended, M.L. transferred to another school and filed a lawsuit “asserting a claim of student−on−student sexual harassment under Title IX.” Agreeing with the lower court, the appellate held that to prevail on Title IX student−on−student sexual harassment claim, the student had to show that the school was a recipient of federal funding, and then prove that (1) she was subject to severe, pervasive, and objectively offensive sexual harassment by a school peer; (2) the harassment caused her to be deprived of educational opportunities or benefits; (3) school officials knew of harassment (4) in its programs or activities; and (5) school officials were deliberately indifferent to harassment.  The appellate court cited the factual record that school officials: “provided student with her a choice of travel route to avoid alleged harasser and moved her to all-female commons without altering (the harasser’s) assignments; school officials permitted the student to use her preferred travel route, while requiring alleged harasser to use different one.”  Therefore, school officials did not exhibit deliberate indifference to student’s allegations of student−on−student sexual harassment.  M.L. By & Through D.L. v. Concord School District

— In Illinois, officials in Peoria are considering a proposal to use body cameras in Peoria Public Schools.  Officials believe that “providing body cams for school resource officers would ensure the safety of everyone on district property.”  One use to which the video will be put is in training the officers.

— In Oklahoma, officials in Oklahoma City are continuing a commitment of transparency in changing police practices on de-escalation, community engagement and accountability.  “OKC residents can track the Police Department’s progress on 39 recommendations made by the Law Enforcement Policy Task Force and the Community Policing Working Group by visiting the OKC Public Safety Partnership website. The website includes all 39 recommendations, along with links to learn more about each project. It also includes a timeline of milestones that led to the creation of the OKC Public Safety Partnership.”

— In Oregon, officials in the Salem-Keizer School District are signaling the alarm for “more community support to intervene with students to cut gang involvement and gun violence.”  According to a Report on violence in the jurisdiction, “teen violence tripled in recent years.”  “While schools have a role in that work, district leaders said solving the issue requires a community effort and more money for programs and people to work with youth.”

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Safety Law News for November 20, 2023

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— In New York, the New York Supreme Court, Appellate Division affirmed the refusal of the trial court to dismiss a case in which a high school student committed suicide “a few days after the conclusion of his sophomore year of high school.”  Educators argued that, “they owed no duty to decedent because his suicide occurred off school premises and during summer vacation.” Both the trial court and the appellate court agreed that “tortfeasors may be held liable for the suicide of (a) person who, as the result of (the tortfeasors’) negligence, suffer(s) mental disturbance destroying the will to survive.”   The appellate court further stated that, “the duty that is relevant in this case is the duty of a school to provide its students with adequate supervision” while they are in the school’s physical custody and control.”  Educators “failed to eliminate triable issues of fact whether they breached their duty to provide adequate supervision.”  In particular, the Principal “acknowledged during his deposition that (the student) had reported to him on more than one occasion” (the student’s) experience with bullying.  Therefore, a jury would determine “whether the school’s negligence in failing to adequately address and safeguard against harassment and bullying directed at decedent at school caused decedent to suffer mental disturbance destroying his will to survive.”  Keri Spring v. Allegany-Limestone Central School District.

— In Tennessee, state officials and the Governor are considering expanding the budget for public education in order to provide mental health professionals in every school.  The Behavioral Health Liaisons would “serve as mental health professionals who can do everything from educating students about resources to doing direct interventions.”

— In North Carolina, officials in the Iredell County Sheriff’s Office are expanding the canine component of their school safety program by adding “a 2-year old English Labrador retriever, as the fifth canine in the school system.”  The canines all have “training that include(s) advanced obedience, building searches, tracking, article detection, narcotics detection and emotional support.” 

— In New Jersey, voters in Matawan-Aberdeen in Monmouth County and River Vale in Bergen County voted down a referendum “to add additional security to schools.”  Voters in Hillsborough in Somerset County and the School District of the Chathams in Morris County approved the proposals.  School districts all over the state of New Jersey submitted to their communities varying proposals to assist their efforts to maintain safe campuses.