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Safety Law News for February 15, 2021

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In Georgia, the United States District Court dismissed a discrimination lawsuit brought by a student who, after being suspended for fighting in school, was handcuffed and restrained by a school resource officer after refusing to remain in the administrative office until he could be escorted to where his parents would pick him up.  The court ruled that the allegations of discrimination based on the claim that school discipline policy targeted black students were invalid in the absence of proof that “similarly situated individuals of a different race” were treated differently.  The court ruled that no policies of the school or the school police department encouraged officials to discipline African American students in a discriminatory manner. B.T. by & through Jackson v. Battle

— In Vermont, legislators have introduced competing proposals regarding police in schools.  Senate Bill 76 is designed to expand school resource officer programs by funding $1 million each year for the next four years to encourage schools to acquire one or more police officers.  Senate Bill 63 would ban the use of school resource officers entirely.

— In Kentucky, the Daviess County Public Schools created its own police department to handle security at the schools.  But school officials have decided to withhold student information from its officers.  Officers will have access to only a student’s personally identifiable information, such as date of birth and address.  The school district has not disclosed the basis for this policy.  The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records.  But none of its provisions constrain the sharing of the information that would allow school police to perform more efficiently their duties.  KRS §158.154 and 158.155 and 158.156 require school administrators to report crimes to police, providing names, addresses, ages, nature and extent of the incident, and “[a]ny other information that the principal making the report believes may be helpful.”

— In the U.S. Congress, Congressman Josh Gottheimer has introduced bipartisan legislation that will require silent panic alarms in all schools to immediately alert law enforcement of an active shooter situation.  The “Alyssa’s Legacy Youth in School Safety Alert Act” (ALYSSA Act), memorializes Alyssa Alhadeff, who lost her life in the campus shooting at Marjory Stoneman Douglas High School in Parkland, Florida in 2018.

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Safety Law News for February 11, 2021

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— In Wisconsin, the United States District Court ruled that a school staff member is not entitled to qualified immunity for the use of excessive force against a student.  In denying the motion to dismiss a lawsuit brought by parents of the student who was forcibly removed from the classroom, the court held that “[i]t is well established that a school administrator or teacher cannot use excessive force against a student.”  The court noted that “although the undisputed facts show that defendant’s initial decision to seize plaintiff and remove her from the classroom was reasonable,… [the student’s] allegations of punching, hitting and slamming her to the ground create a genuine issue of material fact.”  Price v. Mueller-Owens

— In Maryland, officials in Prince George’s County have revised the role of school police based on recommendations from the county task force. While school resource officers will remain in schools, the other security team, called school security personnel will no longer have arresting powers.  Data from the last two school years shows that most arrests were made by school security personnel. Specifically, they made 88% of the arrests in both school years, while SROs made only 12% of arrests.

— In Minnesota, the Burnsville-Eagan-Savage District 191 School Board plans to renew its school resource officer program while the communities surrounding it (Minneapolis and St. Paul school districts) dismantle their programs.  Begun in the late 1980s, the District 191 program provides its officers training in use-of-force, de-escalation, and speaking with juveniles (anti-bias) training.

— In Pennsylvania, the Philadelphia Federation of Teachers is telling its members not to report to school over the safety of school buildings.  The City has appointed a neutral arbitrator to resolve the dispute.

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Safety Law News for February 3rd, 2021

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— In Wisconsin, the Court of Appeals of Wisconsin affirmed the adjudication of delinquency of a juvenile who, while unarmed and loitering on campus, repeatedly threatened to shoot a school administrator.  The court ruled that the state law that prohibits threats applies when it is made directly to school personnel.  Wis. Stat. § 947.019.  The court held that the First Amendment does not protect expressions of violence that are “communicated directly to its victim, [that have been made] to the victim on other occasions, and … the victim had reason to believe that the maker of the threat had a propensity to engage in violence.” [Interest of D.A.M.]

— In Virginia,  nearly a year after canceling its school resource officer program with the Albemarle County Police Department, officials at the Albemarle County Public Schools are creating their own in-house school safety program.  The officers will be hired, trained, and supervised by school officials.

— In Kentucky, the state legislature has not provided funding for school counselors and other safety measures required in 2019 by the School Safety and Resiliency Act (Senate Bill 1).  The mandates include police officers, anonymous reporting apps for students and staff, enhanced school building access controls, suicide prevention training, active shooter training, and student-involved trauma training.

— In Missouri, officials at the Springfield Public Schools have installed drop-off boxes at schools for students to safely and securely discard vape and tobacco products.  The “Vape Safe Drop Boxes” allow students can discard products anonymously.

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Safety Law News for February 1st, 2021

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In Pennsylvania, the United States District Court refused to dismiss a case brought against school officials by parents of a special needs student who experienced a series of violent attacks by fellow students.  The parents asserted a race discrimination claim under Title VI of the Civil Rights Act.  (42 U.S.C. § 2000d et seq.).  Based on the facts, the court held that schools can be liable under Title VI “where a student faces harassment at school that is so severe, pervasive, and objectively offensive…[that it] undermines and detracts from the victims’ educational experience, [such] that the victim [is] effectively denied equal access to an institution’s resources and opportunities.” Henry v. Sch. Dist. of Philadelphia

— In California, the trustees of the Hayward Unified School District voted unanimously to eliminate the school resource officer program.  The trustees pledged to “develop new protocols, provide additional training to staff and forge new community partnerships to meet the safety needs of our school communities.”

— In Illinois, the Chicago Public Schools have announced Phase II of its plan to reduce the presence of school resource officers on its campuses.  In August 2020, Phase I of the plan was announced, reducing the funding of the SRO program and beginning the removal of police officers from 17 of the city’s public high schools.  Phase II involves the creation of safety partnerships with community organizations to create new “trauma-informed safety approaches.”

— In Ohio, parents with students in the Worthington School district have decided to take the Worthington School Board to court after its decision to remove school resource officers from its campuses.

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Safety Law News for January 25th, 2021

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In Ohio, the United States Court of Appeals ruled that reckless conduct by an elementary school principal and assistant principal eliminated governmental immunity from claims by parents of a third-grade student who committed suicide after several violent incidents at school.  The court ruled that immunity under state law was not available for schools that fail to report child abuse, fail to inform parents about prior threats, fail to discipline the student assailants, and fail to call 911 after a serious assault.  Meyers v. Cincinnati Bd. of Education

— In Nevada, officials in Clark County have a new incentive for reopening schools as quickly as possible despite the COVID-19 pandemic.  An investigation into a rise of student suicides found a correlation linking the deaths to school closings.  The school board gave the green light to phase in the return of some elementary school grades and groups of struggling students

— In California, the Fremont Unified School District has reinstated its campus police officer program after ending funding for the program in November 2020.  The board is requesting meetings with the Fremont Police Department about how to incorporate ideas from a task force to create more accountability and measurable goals for the SRO program.

— In Indiana, officials in  Michigan City have decided to renew its contract for school resource officers on the condition that there be “more community involvement in determining who will serve as a school resource officer.”  The city council wants officers to be trained in de-escalation and how to work with teens.

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Safety Law News for January 15th, 2021

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— In Pennsylvania, the Superior Court of Pennsylvania, affirmed the adjudicated delinquency of a student for aggravated assault of a teaching staff member.  18 Pa.C.S. § 2705(a)(5).  The law protects teachers from students who, “attempt to cause or intentionally or knowingly causes bodily injury to a teaching staff member … acting in the scope of his or her employment or because of his or her employment relationship to the school.”  “Bodily injury” is defined as impairment of physical condition or substantial pain.  On this basis, the court ruled that “[s]ubstantial pain may be inferred from the facts” of the student twice hitting with closed fist the head of the teacher.  Interest of A.B.

— In Illinois, a state representative introduced legislation that would eliminate school resource officers in schools.  The provisions of House Bill 0029, would not allow law enforcement officers on a schools property unless urgent and immediate action was necessary.  However, the next day, the state representative decided she was no longer moving forward with the bill.

— In Florida, the Seminole County Public School District is testing gun detection technology for use on its 52-acre campus at Oviedo High School.  The new technology, known as ZeroEyes,  uses the school’s existing surveillance cameras to spot guns and alert school resource officers and teachers within seconds.

— In North Dakota, child care agencies, schools, and law enforcement in Stark County are assessing their efforts to protect children from sexual abuse.  The Stark County Sheriff’s Office credits school resource officers who “interacting with youth [are] helping us in detecting this type of behavior….The relationships SRO’s are able to develop with young folks and their parents creates an atmosphere of trust which facilitates an ability for these crimes to be reported.”