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Safety Law News for September 8th, 2020

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— In Florida, the District Court of Appeal of Florida affirmed the ruling of the lower court that the school resource officer on duty during the campus shooting at Parkland High School was not entitled to immunity.  The court ruled that Florida law applies immunity for job-related negligence, “unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.” Florida Statutes Section 768.28(9)(a).  The lower court found that the officer acted with conscious and intentional indifference to the consequences of failing to do his duty. [Medina v. Pollack]

— In Virginia, the Arlington County School Board is considering whether to end its practice of having police officers in schools in the Virginia county.  Its local surveys show that most students, and a majority of staff feel safe with school resource officers on school grounds.  A committee is being formed to review all concerns, “look at practices, and possibly reinvent our partnership with police.”

— In Minnesota, the Hopkins School Board voted to remove police officers from Hopkins High School after hearing from nearly 1,200 students, staff, parents and community members regarding the killing of George Floyd by Minneapolis police on May 25.

— In Maryland, Montgomery County’s executive and police chief have different views on keeping police officers in the schools.  The police chief believes that officers ensure safety for students consistent with the provisions of the Maryland Safe to Learn Act and maintain relationships with students, teachers, administrators and the staff.  The county executive believes that officers are a “sad use of resources,” and that the money should be spent on school psychologists and social workers.

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Safety Law News for September 4th, 2020

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— In Arizona, the Court of Appeals of Arizona refused to dismiss a gross negligence case arising out of an off-campus shooting in which two students were killed.  Applying Arizona law that removed foreseeability from the duty framework, the court held that “a school unquestionably has a duty to address situations of which school officials become aware in dealing with students.”  The court held that in the context of the shooter’s known history of violence a jury could conclude that educators should have taken some action to protect the threatened student.  [Dinsmoor v. City of Phoenix]

— In New York,  the Plattsburgh City Council is in a dispute with the Plattsburgh City School District over the school resource officers program.  The Council unanimously voted to not renew the SRO contracts, but school officials pay 100% of the program costs and wish to continue using the officers to patrol the schools.

— In Massachusetts, the Everett Teachers Association (ETA) issued a statement in support of the use of school resource officers in their schools – thus breaking away from opposite positions made public by the American Federation of Teachers and the Boston Teachers Union.

— In Georgia, officers from the Troup County Sheriff’s Office who are assigned to the schools will begin wearing body-worn cameras.  The Sheriff issued a statement that, “[i]n this day and age of law enforcement transparency, I believe the issuing of these body cams to my SRO’s will be an asset to not only my agency but also the Troup County School System with whom we have a great partnership with.”

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Safety Law News for September 2nd, 2020

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— In New York, the Massena Central School District is looking for a local law enforcement agency to supply it with a school resource officer.  Its contract with the Massena Police Department was not renewed.   The department cited potential liability as one of the reasons for not renewing the contract.  Educators have reached out to see if the St. Lawrence County Sheriff’s Office would be interested in partnering with them.

— In Washington State, the Court of Appeals of Washington held that a school was not liable for ongoing impairment related to a concussion a student received while on a school sponsored trip.  The court ruled that while schools have “an enhanced and solemn duty to protect minor students in their care,” the educators properly notified the parents of the incident after which the parents could have inquired further of the District, requested a medical evaluation, or instructed that the child be held out of further activities.  [Anderson v. Snohomish School District No. 201]

— In Florida, the District Court of Appeal of Florida upheld the conviction of a teacher for child abuse upon evidence that the preschool student was pushed and tripped multiple times.  The court ruled that the teacher was not entitled to acquittal due to the fact that the student was not being physically injured because the statute defined child abuse as “intentional act that could reasonably be expected to result in physical or mental injury to a child.”  [Stillions v. State]

— In Illinois, the Chicago Board of Education voted to keep its contract with Chicago police.  School officials said that several reforms have been made to the program, including more training for officers.

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Safety Law News for August 28th, 2020

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— In Pennsylvania, the United States Court of Appeals ruled that school officials violated the rights of a student who was suspended from the cheerleading team for violating the personal conduct rules for cheerleaders.  The court ruled that the student, who posted a picture of herself with the caption “fuck cheer” to Snapchat, did not waive her First Amendment rights.  The court said that school officials did not have authority to punish speech that took place off campus and could not be reasonably interpreted as bearing the school’s imprimatur.  [B.L. by & through Levy v. Mahanoy Area Sch. Dist.]

— In Nebraska, the City of Lincoln and Lincoln Public Schools approved the continuation of the Safe and Successful Kids interlocal agreement that includes funding for school resource officers. The programs increases school security through three programming areas: Protective (SROs), preventative (mental health supports) and proactive (Community Learning Center before- and after-programs).

— In North Carolina, the Winston-Salem/Forsyth County Board of Education approved $2.5 million in contracts with the Forsyth County Sheriffs Office and Kernersville Police Department to provide school resource officers to middle schools and high schools.

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Safety Law News for August 25th, 2020

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— In Maine, the United States Court of Appeals upheld a preliminary injunction that prevented school officials from suspending a student who posted a sticky note in the bathroom that said, “THERE’S A RAPIST IN OUR SCHOOL AND YOU KNOW WHO IT IS.”  The court reasoned that the anonymous note was entitled to First Amendment protection.  After applying the Tinker test,  the court held that educators had not shown a causal connection between the sticky note and bullying. [Norris on behalf of A.M. v. Cape Elizabeth Sch. District]

— In New Mexico,  after the Las Cruces Public Schools Board failed to approve a contract to retain two school resource officers, parents are asking the school officials to reconsider.

— In Virginia, the Gloucester County School Board passed a resolution in support of school resource officers.  The school board is requesting that Governor Northam, along with the Senate of Virginia and Virginia House of Delegates, maintain and keep the School Resource Officer Grants Program.

— In Arkansas, after four hours of hearings from the public, schools and police, the Fayetteville City Council rejected a grant that would have funded two more school resource officers in the Fayetteville School District.

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Safety Law News for August 21, 2020.

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— In New Mexico, the Court of Appeals of New Mexico ruled that a student’s statements, made when he was thirteen years old, to the assistant principal of his school, were presumptively inadmissible under a state law that provides that, “[t]here is a rebuttable presumption that any confessions, statements or admissions made by a child thirteen or fourteen years old to a person in a position of authority are inadmissible.”  The court reasoned that the Legislature intended assistant principals to be included as persons in a “position of authority,” when the educator shares the information with a police officer who uses it to initiate a delinquency proceeding.  [State v. Cesar B.]

— In Illinois, the City of Chicago is amending its requirements for school resource officers.  Officers with recorded allegations of excessive force, or complaints of inappropriate interactions with youth will no longer be eligible to serve in schools.  Officers will no longer be allowed to enter student names into the police department’s gang database nor cooperate with immigration officers.

— In North Carolina, school officials in Craven County say there is still a need for resource officers despite remote learning.  School resource officers will still conduct security checks throughout the day, making sure there aren’t any problems.  Some school workers are bringing their children to work because of the pandemic.   School resource officers in Onslow County are also adjusting how they operate this year due to the pandemic with students returning to campus.

— In Virginia, the Loudoun County Sheriff’s Office is upgrading its crisis intervention training program for school resource officers.  It is adding a new module called Advanced Crisis Intervention.  The advanced course focuses on children, with intellectual and developmental disabilities.