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Safety Law News for November 4, 2020

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— In Virginia, the Alexandria School Board approved a revised memorandum of understanding with the Alexandria Police Department to keep school resource officers in Alexandria schools.  The vice chair of the school board made this statement, “I’m really baffled by some of the advocacy we have received because I can’t fathom why we’re even considering taking away resources from the very kids we all claim to champion.  If you want to impact the school to prison pipeline and suspensions, it’s not the SROs that are causing it.”

— In Iowa, the Iowa City School District is developing “threat assessment,” or “care assessment,” teams for its 29 schools.  Based on the Virginia Threat Assessment Model, the program walks users through a process for identifying and preventing threats that can range from bullying and teasing to potential violence.  The program uses disciplinary measures when necessary, in tandem with providing students and families with mental health, counseling and conflict-resolution services.

— In Maryland, Montgomery County police have a specialized unit devoted to preparing officers to recognize signs that someone might have autism. The Montgomery County police Autism/Intellectual and Developmental Disabilities and Alzheimer’s and Dementia Outreach Unit also helps prepare people with autism and their caregivers for safe interactions with police.  A 2017 study found that about 20 percent of youths with autism had been stopped and questioned by police before reaching age 21.  See Study Here

— In New Jersey, the United States District Court refused to dismiss a Title IX claim brought against a school that knew about student-on-student assaults but thought it best “not have the information spread,” and kept the incidents quiet.  The court ruled that a school district has knowledge under Title IX where the victim of the harassment reports an incident to an “appropriate person” who has authority to take corrective action.  Deliberate indifference can lead to school liability.  M.H. by D.H. v. C.M.

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Safety Law News for October 30, 2020

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— In Illinois, the Elgin City Council approved a resolution to continue funding the Elgin Area School District U-46 school resource officer program. The $1.1 million agreement, the cost of which is split by the school district and the city, was approved by a vote of 7-2.

— In Maryland, a recent Maryland State Education Association poll showed that 90% of Maryland educators do not think that schools will be able to reopen safely for full in-person learning for the next few months.  According to the educators, there needs to be daily sanitation of schools, adequate air ventilation and procedures for anyone who tests positive for COVID-1, including contact-tracing.  Here for Poll.

— In Maryland, Montgomery County high school principals “unanimously” support keeping police in schools, according to district officials.  All 25 administrators who have full-time resource officers on their campuses agree that the officers are beneficial and that the program should not be disbanded.

— In Ohio, the New Richmond Exempted Village School District has launched an anti-bullying mobile app, available to students, families and staff.  The mobile app is called “Stay Safe, Speak Up.”  students, families and staff can report safety concerns any time of day. They can also access educational resources on topics such as student bullying, safety, and mental health crises, from depression and suicide to dating violence and gang awareness.

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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.