Uncategorized

Safety Law News for August 18, 2020

by  • 

— In Colorado, the United States District Court held that the authority of school officials to discipline student speech under Tinker v. Des Moines Schools (393 U.S. 503 (1969)), applied to the off-campus speech of student who posted a picture to the social media platform Snapchat with the caption: “Me and the boys bout to exterminate the Jews.”  The court held that despite the Supreme Court’s long-standing distinction between on-campus or school-sponsored speech, “that [t]he pervasive and omnipresent nature of the Internet has obfuscated the on-campus/off-campus distinction…mak[ing] any effort to trace First Amendment boundaries along the physical boundaries of a school campus a recipe for serious problems in our public schools.” [C1.G. v. Siegfried]

— In Alabama, the City of Altoona and the Etowah County Sheriff’s Office are partnering for the 2020-2021 school year to continue the school resource officer program.

— In Canada, funding has been pulled for school resource officers at two Ottawa-Carleton District School Board high schools, following a vote by school board trustees.

— In Virginia, the Radford City School Board passed a resolution in support of school resource officers.  The Board statement said that, “Radford City Schools has a strong partnership with our city’s police department. We appreciate that the SRO’s are building relationships with students and are valuable resources within the Radford community. We are pleased to have them in our buildings.”

Uncategorized

Safety Law News for August 5th, 2020

by  • 

— In California, the California Court of Appeal overturned a probation condition requiring a search of a student’s electronic devices.  The student was declared a ward of the juvenile court after being found vaping and in possession of a knife at school.  The juvenile court imposed an electronic search condition, requiring the student to submit to search and seizure of electronic devices within his control, and disclose passwords or other information required for access.  The appellate court disagreed, ruling that a probation condition must be “information in the record establishing a connection between the search condition and the probationer’s criminal conduct or personal history.”  (In re Austin H.)

— In Virginia,  Southwest Virginia school boards are adopting resolutions in support of school resource officers.  The resolution is meant to send Gov. Ralph Northam’s office a message that SROs play a vital role in safety and the community.

— In Arkansas, the Fayetteville City Council votes down funding for additional school resource officers.  The officials were unable to agree on the roles and qualifications of the persons who would serve as SROs.   One proposal was that the person be licensed in social work, therapy or similar field.  The deputy Police Chief said finding a qualified applicant would be extremely difficult.

— In Michigan, the Ypsilanti Community Schools Board has ended its school resource officer program.  Parents said they’d still like to see the district partner with law enforcement in other ways.

Uncategorized

Safety Law News for July 28, 2020

by  • 

— In New York, the Supreme Court, Appellate Division refused to dismiss a lawsuit brought by parents whose kindergarten child was assaulted in the bathroom.   The court held that “schools are under a duty to adequately supervise the students…and will be held liable for foreseeable injuries.” Then the court ruled that because school policy kept information about incidents from being shared with teachers and staff, the educators failed to establish that they lacked notice of prior similar sexual assaults. (Charles D.J. v. City of Buffalo & Buffalo Bd. of Education)

— In New York, the Massena Central School District Board of Education will retain its school resource officer program but have decided to cancel the agreement with local law enforcement so it can hire its own officers.

— In Wisconsin, the Wisconsin Department of Justice has expanded the resources available to schools through its Office of School Safety by creating the “Speak Up, Speak Out Resource Center.”  The center will have staff available 24/7 to consult with schools on assessing safety threats, coordinating crisis response teams and operating a statewide school threat reporting system.

— In California, the Pajaro Valley Unified School District Board of Trustees voted to permanently end its School Resource Officer program and to redirect the funds to socio-emotional counselors and into the creation of wellness centers and cultural sensitivity programs.

Uncategorized

Safety Law News for July 21, 2020

by  • 

— In Pennsylvania, the United States Court of Appeals ruled that educators violated the First Amendment rights of a student who after failing to make the school’s varsity cheerleading team, posted on the Internet the comment, “Fuck school fuck softball fuck cheer fuck everything.”  The school suspended the student from the junior varsity team.  The court applied the Tinker standard and ruled that the student’s post was off-campus speech, non-disruptive speech and was not subject to regulation.  To rule otherwise would be “reducing the free speech rights of all young people who happen to be enrolled in public school.”  (B.L. v. Mahanoy Area School District)

— In Minnesota, the Minneapolis Board of Education is quietly hiring security guards to replace the police that it unanimously voted to expel from its campuses.  The posting seeks full-time public safety support specialists (PSSS) who must have law enforcement degrees and experience. Their list of responsibilities include breaking up fights, monitoring security at events, and providing a bridge between in-school intervention and law enforcement. 

— In Indiana, school officials in the Avon Community Schools are launching a school police department.  The Superintendent believes that the schools “need support from people who are specially-trained in handling legal situations that we as teachers and principals aren’t trained to handle.”

— In Minnesota, the St. Cloud Area School District 742 School Board voted to renew its contract with local area law enforcement and continue its School Resource Officer program.  Educators believe that SROs deal with students not just on delinquent conduct, but also help students deal with tough issues at home and are beneficial at the school and in the community.

Uncategorized

Safety Law News for July 17, 2020

by  • 

— In Florida, the District Court of Appeal of Florida, denied the appeal by one of the unarmed campus monitors on duty February 14, 2018 at the Marjorie Stoneman Douglas High School in Parkland, Florida.  The officer claimed he was entitled to immunity.  The court affirmed the lower court ruling that the allegations against the officer — that his negligence was the cause of the deaths – were sufficient to avoid the defense of sovereign immunity.

(Medina v. Pollack)

— In Illinois, the Austin Local School Council at Michele Clark Academic Prep Magnet High School voted unanimously to keep school resource officers on campus.  “We do need the officers for the safety of students and the staff,” said a community representative on the council.

— In Iowa,  The Clinton School Board and the Clinton City Council approved an agreement to extend the school resource officer program in the Clinton School District for five years.

— In Virginia, a survey found that Stafford County teachers overwhelmingly support police officers in the schools.  Nearly 90% of county teachers surveyed want school resource officers, while 5% surveyed were neutral, and 5% were anti-SRO.  The teachers’ comments were heavily in favor of SRO’s proactive roles in providing safety, guidance, mentorship, and community outreach for all staff and students.

Uncategorized

Safety Law News for July 14, 2020

by  • 

— In Kentucky, the United States District Court ruled that school police had probable cause to arrest a parent for terroristic threatening in the second degree.  The parent, in anger, told a school administrator, “[i]f you let bullies run your school, there’s going to be an issue like Sandy Hook…if I have to run through the woods in a ghillie suit, I’m going to protect him.”  The parent was dissatisfied after multiple meetings with school officials about his son’s victimization at the hands of other students.  The court ruled that probable cause requires only the probability of criminal activity, not some type of prima facie showing and that it was sufficient that the officer believed the school was under imminent threat of harm. (Adams v. Wechsler)

— In Oklahoma, the Board of Education for Oklahoma City Public Schools voted to renew its school resource officers program with the Oklahoma City Police Department.  School resource officers are permitted to arrest anyone violating state or city laws. They are instructed to prevent “improper conduct” and trespassing, the contract states.

— In Missouri, officials in Camden County have agreed to place resource officers in its schools for the first time.  With the help of a grant, the full-time school resource officers will be deployed to schools for three years.

— In Massachusetts, the Northampton School Committee passed a nonbinding resolution urging the Northampton City Council to not employ school resource officers in district schools.