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Safety Law News for October 27, 2020

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— In Kentucky, the Kentucky Nurses Association School Nurse Task Force believes each school should have one nurse for every 750 students “every day, all day.”  It is making its case to the legislature, asking for a $3 million pilot program that would allow it to place 56 school nurses in schools with the greatest need and measure the impact.

— In West Virginia, the West Virginia Education Association filed for a court injunction, challenging the safety of the state’s COVID school re-entry map.  They are seeking a new model based on science and data based on medical professionals.

— In Colorado,  the Douglas County commissioners have voted to continue their school resource officer program.  In the County, the focus on school safety became enhanced in 2019 after a shooting at STEM School Highlands Ranch left one student dead and eight others injured. The Commissioner’s believe that County residents are grateful the officers are returning.

— In New Mexico, all public schools are now using the application called “Rave Mobile Safety Panic Button” in all K-12 schools across the state.  The application immediately calls 9-1-1 and simultaneously notifies those on campus of the type of event with a push of the button no matter where on campus an emergency takes place.

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Safety Law News for October 23, 2020

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— In Georgia, the Court of Appeals of Georgia reversed the adjudication of a student for simple assault.  The student was defying the authority of an administrator and said to the school resource officer, “F__, no. I ain’t going nowhere and you better not f__ing touch me.”   The court held that despite the fact that the student’s fists were clenched when he began cursing the statute required that there be “such a demonstration of violence, coupled with an apparent ability to inflict the injury, so as to cause the person against whom it is directed reasonably to fear the injury.”   Interest of T. P.

— In Maryland, the Howard County Administrators Association’s executive board announced its decision in favor of keeping school resource officers.  The board said that removing the program would be a mistake and would be throwing away an opportunity to heal the relationship between police and some communities.

— In Colorado, the Summit School District Board of Education is committed to retaining and keeping the school resource officer program after the results of a student survey showed that a majority of students, 72.9%, feel the school resource officer makes them feel somewhat or much safer than if there wasn’t an officer at the school.  The board has already signed a contract to keep the program through the 2021-22 school year.

— In Ohio, Centerville City Schools has installed more than 500 surveillance cameras as part of ongoing safety and security upgrades.  The project that began in the fall of 2019 involves placing cameras both inside and outside the district’s 13 school buildings, according to the district.

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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.